16-165 Fremont Union High School District (FUHSD) for Crossing Guard ProgramAGREEMENT BETWEEN THE CITY OF CUPERTINO AND
FREMONT UNION HIGH SCHOOL DISTRICT FOR CROSSING
GUARD PROGRAM
This Agreement, dated NW · I ~ , U) I I-by and between the City of Cupertino ("City"),
and the Fremont Union High School District ("FUHSD") coordinates efforts to improve traffic
congestion and safety near various schools throughout the City.
WHEREAS, traffic congestion and safety around Monta Vista High School, Lincoln
Elementary School , Kennedy Middle School, and other schools throughout the City has been a
community wide issue for a number of years; and
WHEREAS, traffic congestion and safety is a concern for all parties and that various traffic
studies and recommendations to reduce congestion and improve safety in these school areas and
other schools throughout the City have been completed; and
WHEREAS, the City administers a crossing guard program at locations throughout the City;
and
WHEREAS , representatives of the City, FUHSD and the Sheriff s Office desire to
coordinate efforts and share information so that the City Crossing Guard Program is responsive to
community traffic congestion and safety concerns ; and
WHEREAS , a prior crossing guard pilot project was mutually extended through March
2016 and it is now mutually desired to enter into a similar agreement that includes public schools
throughout the City.
NOW, THEREFORE, the parties agree to implement the following for the 2016/17 school
year through the 2021/22 school year:
I. CITY/SHERIFF'S OFFICE
1. The City will periodically conduct engineering studies, per the provisions
provided in the Manual of Uniform Traffic Control Devices (MUTCD), at
intersections near public schools .
2 . The City will fund crossing guard services, subject to budget availability, at
priority intersections where engineering studies indicate that crossing guards
should be located.
3. The City will respond to requests from FUHSD to add additional
intersections, as warranted by engineering studies at other locations.
4 . The Sheriffs Office will observe all schools and prioritize to the leve l of
resources available, Deputies to serve at various City locations at start and
ending times appropriate for the schools.
5. The Sheriffs Office will annually attend and lead a one hour training event
for crossing guard responsibilities and safety.
6. Crossing guards at all locations will properly queue and coordinate student
crossing of the street in an efficient manner that prioritizes student safety
and vehicular traffic flow.
7 . Crossing Guard locations for the start of the 2016/17 school year will be :
a) Stevens Creek Blvd. at Finch Ave.
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b) Hyannisport Dr.at Fort Baker Dr.
c) McClellan Rd. at Bubb Rd.
d) N. Blaney Ave. at Forest Ave.
e) N . Blaney Ave. at Merritt Dr .
f) S. Blaney Ave. at Suisun Dr.
g) Greenleaf Dr . at S. Stelling Rd.
h) Bubb Rd . at Hyannisport Dr.
i) N. De Anza Blvd. at Mariani Ave.
j) Vista Dr. at Merritt Dr.
k) Vista Dr. at Stevens Creek Blvd.
1) McClellan Rd. at Lincoln Elementary
m) McClellan Rd. at Orange Ave.
n) Bubb Rd. at Regnart Rd.
o) Barnhart Ave. at S. Tan tau Ave.
8. Periodically perform walk audits to identify specific improvements, both
on-campus and off, that would improve traffic and pedestrian safety.
II. FUHSD
1. Student drop-off zones at all schoo l's student parking lots will be utilized to
the maximum extent practicable.
2. Coordinate the start times and end times of all schools so that the collective
number of students arriving or leaving a collection of schools is minimized.
3. Promote cell phone waiting zones at the Monta Vista High School and
Cupertino High School student parking lots where those driving can wait to
get a call from their passenger before going to pick them up.
4. Provide minimum of one district participant to monthly City Safe Route to
School program working group meeting.
5. Timely respond and provide to City requested Safe Route to School data .
6. Provide programs encouraging parent/student safety education , walking and
biking to school.
7 . Evaluate possible capital improvements such as additional traffic signal ,
pedestrian crossing signal, and bicycle cages and consider funding or
contributing to the funding of capital projects.
8. Cooperate, provide input and give special consideration to completion of
improvements that are identified in City performed walk audits.
9. FUHSD will share in the funding of the Crossing Guard Program with the
City for the duration of this agreement, up to an annual amount of $12,500,
due to the City no later than June 30th of each calendar year.
10 . Any FUHSD intersection added to the Crossing Guard Program at the request
of FUHSD will be in addition to the $12,500 cost share noted above and
reimbursed to the City at 100% actual costs per intersection added no later than
June 30th of each calendar year .
11 . FUHSD shall be invoiced annually by the City at the end of each school year.
III. RIGHTS, DUTIES, LIABILITIES
l. Each party in this Agreement acknowledges that this Agreement does not
diminish or expand any rights, duties, liabilities, immunities or defenses any
part to this Agreement has to any third party claims, demands, or suits that
presently exist, or that may arise in the future, including, but expressly not
limited to these immunities or defenses existing under Government Code
sections 815 et.seq., Education Code Section 44808, or any other statue or
law . Each party further acknowledges and agrees that this Agreement does
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not confer on any party to this Agreement any additional rights ,
responsibilities, remedies, or liabilities against any party to this Agreement
as to any existing or future third party liability claim , demand, or suit.
IV . NOTICES
Communications relating to this Agreement shall be in wntmg and shall be
delivered personally, sent by United States mail, first class postage prepaid, or by
private messenger or courier service:
To the City: David Brandt, City Manager
City of Cupertino
10300 Torre Ave.
Cupertino , CA 95014
To FUHSD: Polly Bove, Superintendent
Fremont Union High School District
589 W. Fremont Ave. Sunnyvale, CA 94087
To Sheriff's Office: Captain Ricardo Urena, WV Patrol Div. Cmdr.
IV. SIGNATURES
Santa Clara County Office of the Sheriff
1601 S. De Anza Blvd. #148
Cupertino, CA 95014
IN WITNESS WHEREOF, the parties execute this Agreement:
::ey OF CUPERTINO By QJ ~
FREMONT UNION HIGH SCHOOL
Date: II j;&, lj{p
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David Brandt, City Manager
APPROVED AS TO FORM:
ATTACHMENT A
School Street Street # of Guards
Collins N. Blaney Ave. Forest Ave. 1
Elementary
N. Blaney Ave. Merritt Dr. 1
Eaton S. Blaney Ave. Suisun Dr. 1
Elementary
Garden Gate Greenleaf Dr. S . Stelling Rd. 1
Elementarv
Kennedy Middle Bubb Rd. Hyannisport 1
Dr.
Kennedy Hyannisport Dr. Fort Baker Dr. 1
Middle/Monta
Vista HS
Lawson Middle N. DeAnza Mariani Ave . 1
Blvd.
' Vista Dr. Merritt Dr. 1
Vista Dr. Stevens Creek 1
Blvd.
Lincoln McClellan Rd. 1
Elementary
Monta Vista McC lellan Rd. Orange Ave. 1
High School
Monta Vista McClellan Rd. Bubb Rd. 1
Hie:h Schoool
Regnart Bubb Rd. Regnart Rd . 1
Elementary
Seclgw ick Barnhart Ave. S. Tantau 1
Elementarv Ave.
Cupertino High Stevens Creek Finch Ave. 2
Blvd.
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