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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. 1 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. 2 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. 3 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. 5