22-077 2022 Agreement Between City of Cupertino, FUHSD and CUSD for Crossing Guard Program1
AGREEMENT BETWEEN THE CITY OF CUPERTINO,
FREMONT UNION HIGH SCHOOL DISTRICT AND
CUPERTINO UNION SCHOOL DISTRICT FOR CROSSING
GUARD PROGRAM
This Agreement, dated June 7, 2022, by and between the City of Cupertino ("City"), the
Fremont Union High School District ("FUHSD"), and the Cupertino Union School District
(“CUSD”) coordinates efforts to improve traffic congestion and safety near various schools
throughout the City.
WHEREAS, traffic congestion and safety around public schools throughout Cupertino has
been a community wide issue for a number of years; and
WHEREAS, the City of Cupertino, FUHSD, and CUSD have a successful history of
partnership and collaboration in addressing traffic congestion and safety around public schools in
Cupertino; and
WHEREAS, partnership and collaboration between the City, FUHSD and CUSD has
resulted in safety enhancements on the public routes to school and on school property, the
distribution of safety materials to students and parents, bicycle and pedestrian education programs,
biking and walking encouragement activities, student travel counts, coordination of bell schedules,
opportunities for teens to develop leadership skills, among other achievements; 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 school areas 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 CUSD 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 cost sharing agreement with FUHSD expired in June 2022, and it is
now mutually desired to enter into three-party cost sharing agreement to include both FUHSD and
CUSD.
NOW, THEREFORE, the parties agree to implement the following for the 2022/23 school
year through the 2027/28 school year:
I. CITY
1. The City will periodically conduct engineering studies, per the provisions
provided in the Manual of Uniform Traffic Control Devices (MUTCD), at
intersections and crossings 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 and CUSD to add additional
intersections, as warranted by engineering studies at other locations.
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4. 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.
5. Crossing Guard locations for the start of the 2022/23 school year will be:
a) Stevens Creek Blvd. at Finch Ave.
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.
l) McClellan Rd. at Lincoln Elementary
m) McClellan Rd. at Orange Ave.
n) Ainsworth Dr. at Bahl St
o) Barnhart Ave. at S. Tantau Ave.
6. 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 school’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,
Cupertino High School and Homestead 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 Routes to
School program working group meeting.
5. Timely respond and provide to City requested Safe Routes to School data.
6. Provide programs encouraging parent/student safety education, walking and
biking to school.
7. Evaluate possible capital improvements on-site such as bicycle cages, and
consider funding or contributing to the funding of City capital projects
related to transportation and safety in the vicinity of schools.
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, at an annual amount of $20,000, due
to the City no later than June 30th of each calendar year.
10. Any FUHSD crossing added to the Crossing Guard Program at the request of
FUHSD will be in addition to the $20,000 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.
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III. CUSD
1. Student drop-off zones at all school’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. Provide minimum of one district participant to monthly City Safe Route to
School program working group meeting.
4. Timely respond and provide to City requested Safe Route to School data.
5. Provide programs encouraging parent/student safety education, walking and
biking to school.
6. Evaluate possible capital improvements on-site such as bicycle cages, and
consider funding or contributing to the funding of City capital projects
related to transportation and safety in the vicinity of schools.
7. Cooperate, provide input and give special consideration to completion of
improvements that are identified in City performed walk audits.
8. CUSD will share in the funding of the Crossing Guard Program with the
City for the duration of this agreement, at an annual amount of $20,000, due
to the City no later than June 30th of each calendar year.
9. Any CUSD crossing added to the Crossing Guard Program at the request of
CUSD will be in addition to the $20,000 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.
10. CUSD shall be invoiced annually by the City at the end of each school year.
IV. RIGHTS, DUTIES, LIABILITIES
1. Each party in this Agreement acknowledges that this Agreement does not
diminish or expand any rights, duties, liabilities, immunities or defenses any
party 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 statute or
law. Each party further acknowledges and agrees that this Agreement does
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.
V. NOTICES
Communications relating to this Agreement shall be in writing and shall be
delivered personally, sent by United States mail, first class postage prepaid, or by
private messenger or courier service:
To the City: Jim Throop, 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
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To CUSD: Stacy Yao, Superintendent
Cupertino Union School District
1309 S. Mary Ave, Suite #150, Sunnyvale, CA 94087
IV. SIGNATURES
IN WITNESS WHEREOF, the parties execute this Agreement:
CITY OF CUPERTINO
Date:
By:
Jim Throop, City Manager
APPROVED AS TO FORM:
Chris Jensen, City Attorney
FREMONT UNION HIGH SCHOOL DISTRICT
Date:
Polly Bove, Superintendent
CUPERTINO UNION SCHOOL DISTRICT
Date:
Stacy Yao, Superintendent
Jun 14, 2022
Stacy YaoJun 15, 2022
Chris Jensen
Jun 15, 2022
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ATTACHMENT A
School Street Street # of Guards
Collins Elementary N. Blaney Ave. Forest Ave. 1
Collins Elementary &
Lawson Middle N. Blaney Ave. Merritt Dr. 1
Eaton Elementary S. Blaney Ave. Suisun Dr. 1
Garden Gate Elementary Greenleaf Dr. S. Stelling Rd. 1
Kennedy Middle Bubb Rd. Hyannisport Dr. 1
Kennedy Middle & Monta Vista High Hyannisport Dr. Fort Baker Dr. 1
Lawson Middle N. De Anza Blvd. Mariani Ave. 1
Lawson Middle Vista Dr. Merritt Dr. 1
Lawson Middle Vista Dr. Stevens Creek Blvd. 1
Lincoln Elementary McClellan Rd. Lincoln Frontage 1
Lincoln Elementary & Monta Vista High McClellan Rd. Orange Ave. 1
Lincoln Elementary & Kennedy Middle & Monta Vista High McClellan Rd. Bubb Rd. 1
Stevens Creek Elementary Ainsworth Dr. Bahl St. 1
Sedgwick Elementary Barnhart Ave. S. Tantau Ave. 1
Cupertino High Stevens Creek Blvd. Finch Ave. 2
2022 Agreement Between City of Cupertino,
FUHSD and CUSD for Crossing Guard Program
Final Audit Report 2022-06-15
Created:2022-06-13
By:Julia Kinst (juliak@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA1hMbHw9jakFARxfirolvDeWmw-l0G3y5
"2022 Agreement Between City of Cupertino, FUHSD and CUS
D for Crossing Guard Program" History
Document created by Julia Kinst (juliak@cupertino.org)
2022-06-13 - 3:16:14 PM GMT- IP address: 216.198.111.214
Document emailed to Polly Bove (polly_bove@fuhsd.org) for signature
2022-06-13 - 3:21:36 PM GMT
Email viewed by Polly Bove (polly_bove@fuhsd.org)
2022-06-15 - 0:25:09 AM GMT- IP address: 172.226.36.7
Document e-signed by Polly Bove (polly_bove@fuhsd.org)
Signature Date: 2022-06-15 - 0:26:12 AM GMT - Time Source: server- IP address: 174.194.144.205
Document emailed to Stacy Yao (yao_stacy@cusdk8.org) for signature
2022-06-15 - 0:26:14 AM GMT
Email viewed by Stacy Yao (yao_stacy@cusdk8.org)
2022-06-15 - 2:18:22 PM GMT- IP address: 54.176.163.143
Document e-signed by Stacy Yao (yao_stacy@cusdk8.org)
Signature Date: 2022-06-15 - 2:18:52 PM GMT - Time Source: server- IP address: 67.161.49.193
Document emailed to Chris Jensen (christopherj@cupertino.org) for signature
2022-06-15 - 2:18:55 PM GMT
Email viewed by Chris Jensen (christopherj@cupertino.org)
2022-06-15 - 2:31:06 PM GMT- IP address: 172.225.88.181
Document e-signed by Chris Jensen (christopherj@cupertino.org)
Signature Date: 2022-06-15 - 2:43:32 PM GMT - Time Source: server- IP address: 136.24.42.212
Document emailed to Jim Throop (jimt@cupertino.org) for signature
2022-06-15 - 2:43:35 PM GMT
Email viewed by Jim Throop (jimt@cupertino.org)
2022-06-15 - 3:24:13 PM GMT- IP address: 104.47.74.126
Document e-signed by Jim Throop (jimt@cupertino.org)
Signature Date: 2022-06-15 - 3:24:31 PM GMT - Time Source: server- IP address: 64.165.34.3
Agreement completed.
2022-06-15 - 3:24:31 PM GMT