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HomeMy WebLinkAboutCC Resolution 26-13358 - Approving a 3 year agreement with two one-year options to extend, All City Management Services Inc. 5 year cost-sharing agreement with Campbell Union School DistrictRESOLUTION NO. 26-13358 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A 3-YEAR AGREEMENT, WITH TWO ONE-YEAR OPTIONS TO EXTEND, WITH ALL CITY MANAGEMENT SERVICES INC. (ACMS) FOR CROSSING GUARD SERVICES; APPROVING A 5-YEAR COST -SHARING AGREEMENT WITH CAMPBELL UNION SCHOOL DISTRICT AND MORELAND SCHOOL DISTRICT; AND FINDING THAT ACMS IS THE SOLE PROVIDER OF ALL-INCLUSIVE CROSSING GUARD SERVICES IN THE BAY AREA AND THAT IT IS IN THE BEST INTEREST OF THE PUBLIC TO DISPENSE WITH FORMAL BIDDING REQUIREMENTS PURSUANT TO CAMPBELL MUNICIPAL CODE SECTION 3.20.030. WHEREAS, the City of Campbell (City) has historically maintained a crossing guard program to post crossing guards at intersections with high volumes of school -age pedestrians and vehicles; and WHEREAS, based on recruitment challenges, the City entered into a one-year agreement with All City Management Services Inc. (ACMS) to provide crossing guard services for the 2023/2024 and 2024/2025 school years; and WHEREAS, the Campbell Unified School District and the Moreland School District have participated in cost sharing for crossing guard services with the City since 2023; and WHEREAS, ACMS has successfully provided crossing guard services since the 2023/2024 school year; and WHEREAS, the following circumstances exist to find that ACMS is the sole provider of all-inclusive crossing guard services in the Bay Area and that it is in the best interest of the public to dispense with formal bidding requirements pursuant to Campbell Municipal Code Sections 3.20.030(7) and 3.20.030 (8): 1. ACMS is the only company providing all-inclusive crossing guard services in the Bay Area. 2. ACMS has been in operation since 1985 and has over 260 crossing guard contracts in 25 states across the nation, including contracts with Mountain View, Los Gatos, Sunnyvale, Cupertino, Saratoga, Los Altos, Palo Alto and Milpitas. 3. ACMS has successfully provided crossing guard services for the City for school years 2023/2024 and 2024/2025. 4. ACMS has been able to maintain the employment of the crossing guards who previously worked directly for the City and fill the vacant positions that had been historically hard to fill; and WHEREAS, the City now wishes to enter into a 3-year agreement, with two one-year options to extend, with ACMS for crossing guard services for school years 2025/2026, 2026/2027, and 2027/2028; and WHEREAS, the City also wishes to enter into a 5-year cost -sharing agreement with Campbell Union School District and Moreland School District to offset the cost of these services; NOW THEREFORE RE IT RESOLVED, that the City Council of the City of Campbell does hereby (1) approve a 3-year agreement, with two one-year options to extend, with All City Management Services inc. (ACMS) for crossing guard services; (2) approve a 5-year cost -sharing agreement with Campbell Union School District and Moreland School District; and (3) find that ACMS'is the sole provider of all-inclusive crossing guard services in the Bay Area and that it is in the best interest of the public to dispense with formal bidding requirements pursuant to Campbell Municipal Code Section 3.20.030. PASSED AND ADOPTED this 20th day of January, 2026 by the following roll call vote: AYES: Councilmembers: Lopez, Hines, Bybee, Scozzola, Furtado NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: Daniel E. Furtado, Mayor ATTEST: Andrea San e s, City Clerk COST SHARING AGREEMENT Re: Crossing Guards Between the City of Campbell, Campbell Unified School District, and Moreland School District This Agreement ("Agreement") is made and entered into during the 2025-2026 school year between City of Campbell (City), Campbell Unified School District (CUSD), and Moreland School District (MSD). The City, CUSD, and, MSD are referred to individually as "Party", or collectively, as the "Parties." RECITALS WHEREAS, Parties enter into this Agreement to hire All Cities Management Services or other vendor at the City's sole discretion to provide recruitment, background clearance, training, equipment, insurance, supervision, and management of Crossing Guards; WHEREAS, Parties agree to enter into this Agreement to share the costs of providing Crossing Guards at CUSD and MSD for the 2025-2030 school years; WHEREAS, Parties wish to make clear their respective roles and responsibilities relating to the funding of Crossing Guards. AGREEMENT It is agreed among the Parties to incorporate the above Recitals hereto, and that the Agreement is as follows: A. SCOPE OF SERVICES Parties agree that the distribution of the Crossing Guards' labor for the 2025-2030 school years (5 years) will be as follows: 1. CUSD receives eight Crossing Guards or 8/9 of the total services. 2. IVISO receives one Crossing Guard r 1/9 of the total services. Parties agree that the distribution of the Crossing Guards' costs for the 2025-2030 school years will be as follows: 1. CUSD funds 50% of the eight crossing guards assigned to the school district or 4/9ths of the total services. 2. MSD funds 50% of the one crossing guard assigned to the school district or 1/18 of the total services. 3. City funds 50% of the eight crossing guards assigned to CUSD and 50% of the one crossing guard assigned to MSD or 9/18ths of the total services. B. BILLING City will issue invoices to CUSD and MSD, which include a Work Summary from the vendor detailing each site, day, and hours worked by the crossing guards, once per fiscal year. CUSD and MSD agree to pay the City for their respective amount owed due within 30 days of the date of invoice. C. TERM OF AGREEMENT AND TERMINATION This Agreement shall renew automatically for five (5) succeeding terms of one (1) year each on the annual anniversary of August, 2025 (Renewal Date), unless a Party gives written notice of the Party's intention to terminate at least 3 months prior to the Renewal Date. This Agreement will expire on July 31, 2031. D. NOTICES As used in this Agreement, notice includes but is not limited to the communication of notice, request, demand, approval, statement, report, acceptance, consent, and waiver. Whenever, under the terms of this Agreement, it becomes necessary, appropriate, or desirable for a Party to give notice to the other Party, said notice shall be in writing and shall be considered given when personally delivered or given or mailed by a commercial overnight courier service or by registered or certified United States mail return receipt requested, with first class postage prepaid, addressed as follows: To City: Name Title To City: Name Title Campbell Union School District 155 N. Third Street Campbell, CA 95008 To MSD: Name Title Moreland School District 4711 Campbell Avenue San Jose, CA 95130 Any Party may, by notice given at any time or from time to time, require subsequent notices to be given to another individual person, whether a party or an officer or representative, or to a different address, or both. E. INDEMNITY Neither of the respective Parties, employees, officers, agents and assigns shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party in connection with the Agreement. It is understood and agreed that pursuant to California Government Code Section 895.4, the respective Parties shall fully indemnify and hold the other harmless from any liability imposed for injury (as defined in Government Code Section 810.8) by reason of anything done or omitted to be done by the City, CUSD, or MSD in connection with any obligation delegated to the respective Party under this Agreement. This provision to hold harmless and indemnify shall apply to any activities, error or omission of the respective Party and/or the Party's officers, employees, agents, consultants or contractor or any person or entity acting or omitting to act for or. on behalf of said City, CUSD, or MSD or such person or entities as are specifically authorized and empowered by the respective Party to act for the Party. F. MISCELLANEOUS 1. No Agency. It is understood that each of the Parties operate independently from one another and cannot enter into agreements or contracts as agents of the other. It is expressly understood and agreed that none of the Parties are in any way or for any purpose an agent of each other related to the Agreement. 2. Relationship. This Agreement between the City, CUSD, and MSD does not create any relationship of co-partner, joint venture, principal and agent or employer and employee. 3. No Assignment. No party to this Agreement can assign any portion of this Agreement without the other Parties' prior written consent, unless otherwise stated herein. 4. No Third -Party Rights. This Agreement is not intended, and shall not be construed, to create any right, benefit, or enforceable law, substantive or procedural, for any third party against any parties to this Agreement, the State of California, the United States, or the officers, employees, agents, or other associated personnel thereof. 5. Entire Agreement. This Agreement contains the entire Agreement of the Parties, and each party acknowledges there were no other oral agreements, representations, warranties or statements of fact made prior to or at the time of the signing of this Agreement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 6. Contract Interpretation. This Agreement is deemed to have been drafted jointly by the Parties. Any uncertainty or ambiguity shall not be construed for or against any Party based upon attribution of drafting to any Party. 7. Governing Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of California. 8. Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal. 9. Warranty of Authority. The undersigned Parties state that they represent and have the authority to execute this Agreement on behalf of their respective agencies/departments and, in signing this Agreement, concur with and support the cost -sharing agreement as, set forth in this Agreement and for the period and purpose stated herein. ;k 10. Counterparts. The parties may execute this Agreement in two or more counterparts, which shall in the aggregate, be deemed an original but all of which, together, shall constitute one and the same instrument. A scanned, electronic, facsimile or other copy of a party's signature shall be accepted and valid as an original. [SIGNATURES ON FOLLOWING PAGE] EXHIBIT A SCOPE OF SERVICES CONSULTANT shall provide the Services detailed in this Exhibit A, entitled "SCOPE OF SERVICES". L. CONSULTANT Shall Provide or Perform the fo11 owing: a. Provide crossing guard services at each location listed on "Crossing Guard Locations" on the days and during specific hours designated by the City b. Coordinate any location and schedule changes directly with the City c. Provide payroll and workers' compensation coverage for all guards d. Provide training to all new hires e. Maintain a sufficient number of alternate guards and guarantee crossing coverage for absent or sick guards f. Supply all necessary equipment including signs, traffic vests, whistles and raincoats g. Submit invoices to the City of Campbell on a monthly basis for the number of hours worked by crossing guards during the previous month h. Maintain quarterly contact with the Police Department representative for quality assurance of the program 2. Crossing Guard Locations. Days and Hours: a. CONSULTANT shall be responsible for providing crossing guard services during the normal school year session and the summer school session. The normal schoolyear session is composed of 180 school days per year. The exact dates that schools are in session are published and coordinated by the Campbell Unified School District and the Moreland School District. The most accurate calendar for verifying in - session days is on the respective School District's website. b. CONSULTANT will provide crossing guard services on all days that school is in session, at the designated locations, during the designated hours. Currently, there are 9 intersections that require a crossing guard during the normal school year. c. The City reserves the right to add, delete or revise the crossing guard locations and times, provided that CONSULTANT is given 30 days written notification of any proposed changes. 1,_ CONSULTANT Shall Maintain the Following Minimum Standard for Crossing Guards: a. Must have a minimum of an eighth -grade education b. Be able to read, write and speak English c. Be a minimum of 18 years old d. Not have a felony conviction for crimes against children, not have a felony conviction for any violent crimes, not have any misdemeanor convictions involving crimes against children, or convictions involving any violent crime e. Not be a registered sex offender or narcotics offender f. Demonstrate the following abilities and characteristics g. Minimum of average intelligence h. Good physical condition, including sight and hearing i. Mental alertness j. Neat appearance k. Good character 1. Sense of responsibility for the safety of children m. Good verbal communication skills n. Familiarity with traffic rules and regulations Appearance & Behavior o Crossing Guards will not hold anything in their hands while working, except for their issued stop sign. An example of this would be the Crossing Guard's cellphone. o Crossing guards will use appropriate language and refrain from using profanity. o Crossing Guards must at all times display visible picture identification showing they are an employee of the CONSULTANT. o Crossing Guards shall wear acceptable attire at all times which maybe periodically subject to review by the City. o Crossing Guards shall wear their traffic vests at all times while performing crossing duties. CO SULTANT's Supervisors Shall Perform the Following Duties: o. A local area supervisor shall be available at all times to see that guard activities are taking place at required locations and times. p. The supervisor shall assign schedules, monitor and supervise crossing guards when necessary and have a vehicle to travel to work sites. q. The supervisor shall visit each school site once a month. r. The supervisor must be available to the City returning phone calls as soon as possible but in all cases within 30 minutes. s. The supervisor must be available to respond to problems and/or complaints. t. In addition to the minimum standards set forth above, the supervisor must have a minimum of a high school education and a valid California driver's license. u. As requested, the area supervisor will provide pedestrian and bike counts for intersections. §.,_ Absent Crossing Guards v. CONSULTANT will maintain standard procedures that require crossing guards to notify the area supervisor if they will be tardy or absent for their shift. w. When crossing guards are absent, it is the responsibility of CONSULTANT and the area supervisor to staff the location with alternate personnel. x. The area supervisor shall immediately notify the Traffic Supervisor if there will be any delay or absence in providing intersection coverage Training and Orientation • Training and orientation shall be provided prior to deploying any crossing guards. • All training and orientation procedures shall be subject to the approval of the City of Campbell Crossing Guard Locations Capri Elementary School -1 Guard Hacienda Ave @ Virginia Ave Monday - Friday 7:20-8:20 am Monday, Tuesday, Thursday and Friday 2:05-3:05 pm Wednesday 1:05-2:05 pm Payne Elementary School -1 Guard Hamilton Ave @ Phoenix Dr Monday - Friday Monday, Tuesday, Thursday and, Friday Wednesday Campbel4School of Innovation - 3 Guards Campbell Ave @ Milton Ave Rincon Ave @ Milton Ave Cherry Ln @ California Monday - Friday Monday, Tuesday, Thursday and, Friday Wednesday Rolling Hills Middle School - 2 Guards Pollard Ave @ More Ave Monday - Friday Monday, Tuesday, Thursday and, Friday Wednesday Conference week October 3-7 Rosemary Elementary School - 2 Guards Hamilton Ave@ Eden Ave Monday - Friday Monday, Tuesday, Thursday and, Friday Wednesday