HomeMy Public PortalAboutALL CITY MANAGEMENT SERVICES, INC.AGREEMENT BETWEEN THE CITY OF CARSON AND
ALL CITY MANAGEMENT SERVICES, INC.
FOR CROSSING GUARD SERVICES
THIS AGREEMENT made and entered into this September 1, 2007, by and between the CITY
OF CARSON, a municipal corporation hereinafter called the "City", and ALL CITY
MANAGEMENT SERVICES, INC., a California Corporation hereinafter called the
"Contractor";
WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:
This Contract shall commence on September 1 , 2007 and continue in full force
and effect until June 30, 2010, unless early termination occurs in accordance with the
terms of this Contract. The City and Contractor may elect to extend the term of this
contract for two (2) successive one year terms.
2. The Contractor will provide personnel equipped and trained in appropriate procedures for
crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as
a Crossing Guard. The Contractor is an independent Contractor and the Crossing Guards
to be furnished by it shall at all times be its employees and not those of the City.
3. The City's representative in dealing with the Contractor shall be designated by City of
Carson. If at any time during the contract period, the City questions the meaning of any
item of this Agreement, the City may contact the Contractor for interpretation of that
item.
4. The City shall determine the hours and locations when and where Crossing Guards shall
be fumished by the Contractor. The Contractor shall notify the City in writing of any
changes which may need to occur in hours of work or locations. The City further has the
power to add to, delete from, or revise the work schedule/locations at any time.
5. The Contractor shall provide supervisory personnel to see that Crossing Guard activities
are taking place at the required places and times, and in accordance with all items of this
Agreement.
6. The Contractor shall maintain adequate reserve personnel to be able to fumish alternate
Crossing Guards in the event that any person fails to report for work at the assigned time
and location.
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7. The Contractor shall provide personnel properly trained as herein specified for the
performance of duties of Crossing Guards. In the performance of their duties the
Contractor and employees of the Contractor shall conduct themselves in accordance with
the conditions of this Agreement and the laws and codes of the State of California.
Persons provided by the Contractor as Crossing Guards shall be trained in the laws and
codes of the State of California and the pertaining to general pedestrian safety in school
crossing areas. All persons provided by the Contractor who will come into contact with
school aged children shall be screened for drugs and Tuberculosis and a fingerprint and
background check shall be performed by the Department of Justice.
9. Crossing Guard Services shall be provided by the Contractor at the designated locations
and at the designated hours on all days on which the designated schools in the City of
Carson are in session.
10. The Contractor shall provide all Crossing Guards with apparel by which they are readily
visible and easily recognized as Crossing Guards. Such apparel shall be uniforin for all
persons performing the duties of Crossing Guards and shall be wom at all times while
performing said duties. This apparel must be appropriate for weather conditions. The
Contractor shall also provide all Crossing Guards with hand held Stop signs and any
other safety equipment which may be necessary.
IL The Contractor shall at all times provide workers' compensation insurance covering its
employees, and shall provide and maintain liability insurance for Crossing Guard
activities. The Contractor will provide to the City a Certificate of Insurance naming the
City and its officials, officers and employees as an additional insured. Such insurance
shall include commercial general liability with a combined single limit of not less than
$1,000,000-00 per occurrence and in aggregate for property damage and bodily injury.
Such insurance shall be primary with respect to any insurance maintained by the City and
shall not call on the City's insurance contributions. Such insurance shall be endorsed for
contractual liability and personal injury and shall include the City, its officers, agents and
interest of the City. Such insurance shall not be canceled, reduced in coverage or limits
or non -renewed except after thirty (30) days written notice by Certified Mail, Return
Receipt Requested has been given to the City Manager, or designee for the City of
Carson.
12. Contractor agrees to indemnify the City, its Officers, employees and agents against, and
will hold and save each of them hannIess from, any and all actions, claims for damages
to persons or property, penalties, obligations or liabilities that may be asserted or claimed
by any person, firm, entity, corporation, political subdivision or other organization arising
out of the intentional or negligent acts, errors, or omissions of Contractor, its agents,
employees, subcontractors, or invitee, provided for herein.
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a) Contractor will defend any action or actions filed in connection with any of said
claims, damages, penalties, obligations or liabilities and will pay all costs and
expenses including attorney's fees incurred in connection herewith.
b) Contractor will promptly pay any judgment rendered against City, its officers,
agents or employees for any such claims, damages, penalties, obligations or
liabilities.
C) In the event City, its officers, agents or employees is made a party to any action or
proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the sole negligence of Contractor
hereunder, Contractor agrees to pay City, its officers, agents, or employees, any
and all costs and expenses incurred by City, its officers agents or employees in
such action or proceeding, including, but not limited to, reasonable attorney's fees.
13. Either party shall have the right to cancel this Agreement by giving sixty (60) days
written notice to the other.
14. The Contractor shall not have the right to assign this Contract to any other person or fin -n
except with the prior written consent of the City.
15. The City agrees to pay the Contractor for the services rendered pursuant to this
Agreement per the rates as described in Exhibit "A" of this agreement. These rates shall
remain in effect for the duration of the three year agreement, from September 1, 2007
through June 3 0, 2010.
16. In the event that this Agreement is extended beyond June 30, 2010, the compensation for
services shall be established by mutual consent of the parties. Said payment shall be
made upon written statement to the City by the Contractor and approval of the
appropriate City representative. Should the Contractor propose an increase in the rates
specified in Exhibit -A" for either Permanent or Relief Services, the proposed rate
increase(s) shall not exceed the annual Consumer Price Index (CPI) for Pacific Cities as
published in the U.S. Department of Labor, Bureau of Labor Statistics.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
City of Carson
B y N, LI)
Mayor
Date— & e '7
Attest:
City Clei-k-
All City Management Services, Inc.
M
Date— Ey:f
Approved as to form:
City Attorney
Exhibit "A"
All City Management Services (ACMS) will provide Permanent and/or Relief Crossing Guard
Services for all Crossing Guard positions currently staffed by the City of Carson. Under either
option ACMS will provide unifom-ied and trained Crossing Guards working under the direction
of an ACMS Supervisor. We assume complete contractual responsibility and liability for any and
all locations staffed by ACMS personnel. All Crossing Guards utilized by ACMS would be
ACMS employees and covered by our Workers' Compensation Insurance and General Liability
Insurance.
ACMS will bill the City of Carson for Permanent Crossing Guard Services at a rate of
Thirteen Dollars and Fifty -Nine Cents ($13.59) per hour, per guard. Pennanent Crossing Guard
sites would be any such sites designated by the City and staffed by ACMS for the duration of the
agreement with the City of Carson.
Relief Crossing Guard Services for the City of Carson will continue to be divided into 2
components, coordination and supervision as one component and staffing the second component.
Coordination and Supervision covers the process and cost of a supervisor and administrative
support for recruitment, hiring, training and staffing Relief Guards for the Carson Crossing
Guard program.
The fee for coordination and supervision is 6 hours per day for each day the schools serviced by
the Carson Crossing Guard Program are in session. For any Relief Staffing Services provided
ACMS will bill the City a minimum of 2 hours per actual location staffed. The hourly billing rate
for coordination, supervision and actual Relief Services is Fourteen Dollars and Forty -Eight
Cents ($14.48) per hour, per guard.
Wherever possible, ACMS shall make every effort to recruit, hire, train and staff Crossing
Guards for the Carson Crossing Guard program from current residents of the city of Carson.
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