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HomeMy Public PortalAboutAll City Management Services AgreementAGREEMENT BETWEEN VILLAGE OF KEY BISCAYNE AND ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES This AGREEMENT made and entered into this October 1, 2016 by and between Village of Key Biscayne hereinafter called the "Village", and ALL CITY MANAGEMENT SERVICES, INC., hereinafter called the "Contractor"; WITNESSETH The parties hereto have mutually covenanted and agreed as follows: 1. This Agreement is for a period which commences upon Contractor's best availability on or around November 1, 2016 and ends on September 30, 2017 and for such term thereafter as the parties may agree upon. 2. The Contractor will provide personnel trained (by an FDOT certified Trainer) 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 Village. 3. The Village's representative in dealing with the Contractor shall be designated by the Key Biscayne Police Department. 4. If, at any time during the contract period, the Village questions the meaning of any item of this Agreement, the Village's representative may contact the Contractor for interpretation of that item. 5. The Village shall determine the locations where Crossing Guards shall be furnished by the Contractor. The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. 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 furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. 7. In the performance of their duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of Florida and Village of Key Biscayne. 8. Persons provided by the Contractor as Crossing Guards shall be trained in the laws and codes of the State of Florida and the Village of Key Biscayne pertaining to general pedestrian safety in school 1 crossing areas. 9. Crossing Guard Services shall be provided by the Contractor at the designated locations on all days in which School is in session. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling. 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 uniform for all persons performing the duties of Crossing Guards and shall be worn 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. 11. 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 Village 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 $2,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the Village and shall not call on the Village's insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the Village, its officers, agents and interest of the Village of Key Biscayne. Such insurance shall not be canceled, reduced in coverage or limits or non -renewed except after thirty (30) days written notice has been given to the designee for the Village of Key Biscayne. 12. Contractor agrees to indemnify the Village, its officers, employees and agents against, and will hold and save each of them harmless 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. 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 attomey's fees incurred in connection herewith. b) Contractor will promptly pay any judgment rendered against the Village, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. c) In the event the Village of Key Biscayne, 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 the City, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attomey's fees. 13. Either party shall have the right to cancel this Agreement by giving sixty (60) days written notice to the other. 2 14. The Contractor shall not have the right to assign this Contract to any other person or firm except with the prior written consent of the Village of Key Biscayne. 15. The Village agrees to pay the Contractor for services rendered pursuant to this Agreement the following sum during the initial contract period: 8 — 9 sites / 3 Private School sites 10 — 11 sites / 3 Private School sites 12 — 13 sites / 3 Private School sites 14 sites / 3 Private School sites $29.60 per hour, per guard $28.59 per hour, per guard $27.88 per hour, per guard $27.24 per hour, per guard Contractor shall bill a minimum of 2.0 hours per guard, per school day for Public Schools and bill a minimum of 1.0 hours per school day for Private Schools (am shift) unless Contractor fails to perform service for any school. 16. Payment is due within thirty (30) days of receipt of Contractor's properly prepared invoice. 17. The Village of Key Biscayne shall have an option to renew this contract for four (4) additional one year terms by amendment. In the event this Agreement is extended beyond September 30, 2017; the compensation and terms for services shall be established by mutual consent of both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Village of Key Bi+ yne All City Management Services, Inc. By %�'—,+ � 1/ By Signature ' D. Farwell, Corporate Secretary CpAkLE_'S A 1;':655 C»' o Print Name and Title Date 1- 30 /6 Date 3 O ALL CITY MANAGEMENT SERVICES Amendment to Agreement between All City Management Services, Inc. and the Village of Key Biscayne for providing School Crossing Guard Services The Village of Key Biscayne hereinafter referred to as the "Village", and All City Management Services, Inc., located at 10440 Pioneer Blvd., Suite 5, Santa Fe Springs, CA 90670, hereinafter referred to as the "Contractor", mutually agree to amend the existing Agreement entered into on October 1, 2016 as follows: 1. Item #1 The District and the Contractor agree to extend the term of this Agreement for the 2017-2018 fiscal year beginning September 1, 2017 through June 30, 2018. 2. Item #15 The District agrees to pay Contractor for services rendered pursuant to the Agreement the sum of Thirty Dollars and Sixty -Four Cents per hour of guard service provided. 3. Except as provided for in Item #1 and Item #15, all other terms and conditions of the original Agreement and Amendments thereto between the Village and the Contractor remain in effect. Village of Key Biscayne By Print Name and Title Date try - c1k11� All City Management Services, Inc. Demet I, Corporate Secretary Date May 17: 2018 May 17, 2018 ALL CITY Chief Charles Press Village of Key Biscayne 88 W. McIntyre St. Key Biscayne, FL 33149 .MANAGEMENT SERVICES It is once again the time of the year when many agencies are formulating their budgets for the coming fiscal year. Toward that end, please allow this letter to serve as confirmation of our interest in extending our agreement for Crossing Guard Services through the 2018- 2019 fiscal year. As a contract provider All City Management Services (ACMS) is keenly aware of the difficult economic times faced by many of our clients. Agencies across the nation are re- examining their budgets against the need to maintain critical services and provide for public safety. While we are certainly fiscally mindful of the budgetary ramifications facing many Agencies we are ultimately tasked with balancing this with our own financial survival. As such, we must appeal for an adjustment in our billing rate. This would increase the current billing rate from $29.60 to $30.64 per hour. To facilitate the calculation of the annual cost of your Crossing Guard program we have developed and included with this letter a Client Worksheet. This Worksheet is our best estimation of the hours and cost of your program as it exist currently. While we remain committed to providing a safe, cost-effective and professional School Crossing Guard Program we hope you will find this new pricing acceptable. If you have any questions or need additional information please contact me at (800) 540-9290. Take care. De ra Farwell Di ctor of Administrative Services Corporate Secretary All City Management Services Inc. Client Worksheet 2018 - 2019 Department: 200501 Billing Rate for 2018/2019: $30.64 Villiage of Key Biscayne 88 W. McIntyre St. Key Biscayne, FL 33149 KEY: Traditional Calendar: For sites with no regularly scheduled early release days, use 180 regular days Sites with traditional calendar: 18 1 180 $30.64 $99,273.60 9 Sites at 2.0 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate 6 180 $30.64 $33,091.20 2 Site at 3.0 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate TOTAL PROJECTED HOURS 4320 TOTAL ANNUAL PROJECTED COST $132,364.80