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HomeMy WebLinkAboutItem 4.5 - 1171 Additional Crossing Guard Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: October 4, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Crossing Guard Budget Increase Prepared by: Linda Smith, Assistant City Manager EXECUTIVE SUMMARY: The City Council will consider an amendment to Resolution No. 112 -16, increasing the City's budget for crossing guard services as a result of a request by Dublin Unified School District to add a second crossing guard at Frederiksen Elementary. The District will be covering the cost associated with the additional crossing guard. STAFF RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Amending Resolution No. 112-16 to increase the budget for crossing guard services for Fiscal Year 2016-17. FINANCIAL IMPACT: Costs associated with the additional crossing guard will be offset by a reimbursement payment from Dublin Unified School District, estimated at approximately $12,500. The City and the District have entered into a reimbursement agreement for the additional crossing guard, subject to City Council approval. DESCRIPTION: Following the start of the school year, the City received a request from the Dublin Unified School District for an additional crossing guard at Frederik sen Elementary. In response, Staff from Police Services and Public Works met on site with the District and school staff to evaluate the situation leading to the request. Currently, the driveway entrance is offset from the three -way stop sign at the front of the school. It was determined by City staff that the best measure to alleviate this circumstance was a modification to the driveway entrance and advised the District that they would be eligible to apply for grant funds from the Active Transportation Program (ATP) to pay for the modification. The next grant period is expected to open in March 2017 and end in mid-2017. Page 2 of 2 In the meantime, the District believes that an additional crossing guard is needed and has made its own financial arrangements with the Frederiksen Parent Faculty Club to cover the cost, estimated at $12,500. The City has drafted a reimbursement agreement with the District to cover the costs associated with this request for Fiscal Year 2016 -17. The agreement will be executed by the City Manager only if the City Council authorizes the budget change to crossing guard services. The agreement will also gives authority to the City Manager and the Superintendent to extend the agreement for future fiscal years. In order to enter into the agreement, the City Council must first amend Resolution 112 - 16, increasing the budget for crossing guard services for Fiscal Year 2016 -17. The amending Resolution also includes language allowing the City Manager to exercise his budgeting appropriation and budgeting authority to make any further amendments to the budget for crossing guard services, rather than having it restricted via the Resolution. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was provided to the Dublin Unified School District. ATTACHMENTS: 1. Resolution 2. Reimbursement Agreement City of Dublin and DUSD for Additional Crossing Guard Services ATTACHMENT 2 RESOLUTION NO. XX - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * AMENDING RESOLUTION NO. 112-16 TO INCREASE THE BUDGET FOR CROSSING GUARD SERVICES FOR FISCAL YEAR 2016-2017 WHEREAS, the City of Dublin uses adult crossing guards to ensure the safety of schoolchildren crossing streets; and WHEREAS, since 1995, the City of Dublin has contracted with All City Management Services to provide such services to Dublin Unified School District; and WHEREAS, the City Council adopted Resolution 112-16 to extend its term (June 30, 2017) and rate of pay with All City Management Services. In addition, the Resolution established the “not to exceed” budget amount for services provided under the contract of $138,321; and WHEREAS, the City received a request from Dublin Unified School District to add a crossing guard at Frederiksen Elementary for this school year which will necessitate an increase to the budget for crossing guard services by approximately $12,500; and WHEREAS, the District has agreed to reimburse the City for its expenses related to the crossing guard, thereby not impacting the City’s General Fund; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby amend Resolution 112-16 to increase the budget by $12,500, for a total budget for Fiscal Year 2016 - 17 of $150,821 for crossing guard services. BE IT FURTHER RESOLVED that the City Manager will use his budgeting appropriation and purchasing authority to execute any amendments to t he budget contract for crossing guard services, as needed, to carry out the intent of this Resolution and Resolution No. 112-16. PASSED, APPROVED AND ADOPTED this 4th day of October, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Page 1 of 3 REIMBURSEMENT AGREEMENT BY AND BETWEEN CITY OF DUBLIN AND DUBLIN UNIFIED SCHOOL DISTRICT FOR ADDITIONAL CROSSING GUARD SERVICES THIS REIMBURSEMENT AGREEMENT (“Agreement”) is made and entered into on ________ (“Effective Date”), by and between City of Dublin, ("City") and Dublin Unified School District (“District”) with respect to the matters hereinafter stated. 1. Intent. District has requested an additional crossing guard at Frederiksen Elementary School for the 2016-17 School Year, effective _____________________. The City has agreed to amend its existing contract with All City Management Services for crossing guard services to add an additional crossing guard (“Additional Crossing Guard Services”) so long as the District reimburses the City for the expenses incurred as a result of the additional crossing guard. Additional Crossing Guard is estimated to cost $12,500 for the balance of the 2016-17 school year. 2. Reimbursement Payments. A. District agrees to provide funds (“Reimbursement Payment”) to the City for the additional crossing guard at Frederiksen Elementary based on billings for the period ending on December 30, 2016, March 30, 2017 and June 30, 2017. B. City will allocate the Reimbursement Payments by District for the costs City incurs in providing Additional Crossing Guard Services. C. Additional Crossing Guard Services will be provided through the City’s contract provider for crossing guard services. 3. Authority and Obligations of City. District fully understands and agrees that the City, in the exercise of the sole discretion of its officials, agents, or employees, shall use the Reimbursement Payments for the purpose represented in this Agreement. Except as provided herein, City makes no promise, representation, or warranty, express or implied, as to the manner in which City will use the Reimbursement Payments. 4. Authority and Obligation of District. District agrees to make timely payments, to the City, based on the billing dates outlined above, and within 30 days of receipt of request for reimbursement. City shall invoice the District on the above outlined dates and the District shall make payment within 30 days of the request for reimbursement. Page 2 of 3 6. Amendments and/or Extensions of Agreement. This Agreement, including any exhibits hereto, may be amended and/or extended only by mutual written agreement of the City Manager and the Superintendent. Should the District request a continuation of this crossing guard for future school years, an amendment, as required by this Section 6, shall set forth additional costs and an extended term. 7. Entire Agreement. Each party acknowledges that this Agreement sets forth all covenants, promises, conditions and understanding between the parties regarding the matters set forth herein, and there are no promises, conditions, or understanding either oral or in writing between the parties other than as set forth herein. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed by them. 9. Effect of Waiver. No waiver by a party of any provision of this Agreement shall be considered a waiver of any other provision or any subsequent breach of the same or any other provision, including the time for performance of any such provision. The exercise by a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. 10. Interpretation of Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements whether oral or written. Any amendment to this Agreement, including an oral modification supported by new consideration, must be reduced to writing and signed by both parties before it will be effective. Both parties have had an equal opportunity to participate in the drafting of this Agreement. The usual construction of an agreement as to the drafting party shall not apply to this Agreement. 11. Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 12. Dispute Resolution. If any dispute arises between the parties that cannot be settled after engaging in good faith negotiations, City and District agree to resolve the dispute in accordance with the following: 12.1 Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority.