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Home My WebLink AboutC-3231 - Crossing Guard Services (granted permission to privatize)AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES Aa usfi THIS AGREEMENT is made and entered into this)\ day of Jbq 1998 by and between the CITY OF NEWPORT BEACH, a municipal corporation hereinafter called the "City' and ALL CITY MANAGEMENT SERVICES, INC hereinafter called the "Contractor;" REWAL$ A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to Catty on As business as it is now being conducted under the statutes of the State of California and the charter of the City; B. Contractor is a California corporation organized and existing pursuant to the laws of the State of California; C. The C ty desires to engage Contractor to provide crossing guard services within the City ol' Newport Beach upon the terms and conditions contained in this agreement; and D. City has solicited and received a proposal from Contractor, has reviewed the previois experience and evaluated the expertise of Contractor and desires to contract with Contractor under the terms and conditions provided in this agreement. NOW THEREFORE, it is mutually agreed by and between City and Contractor as follows: Term. The term of this Agreement shall commence on July 1, 1998, and shall terminate on June 30, 1999 unless extended pursuant to mutual agreement of the parties, or terminated earlier as set forth in this agreement. 2. Services to be Performed. Contractor shall diligently perform all the duties set forth below: a. The Contractor shall provide properly trained personnel for the performance of duties of Crossing Guards. In the performance of their duties the Contractor's personnel shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of California and the City of Newport Beach. b. The Contractor shall train, schedule, provide, and supervise personnel in accordance with this agreement and the rules and regulations of the City of Newport Beach. Crossing Guards shall perform their duties as trained and within the City's rules for such guards. 1 of 5 \ �Xtl3 } N }_3 rttl NdsT:E 8661 fihtl LZ Z 3Jtld 6HZa Z02 BiE uauia6vua fi [ Persons provided by the Contractor as Crossing Guards shall be trained in the laws and codes of the State of California and the City of Newport Beach pertaining to general pedestrian safety and school crossing areas. d. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible OW easily recognized as Crossing Guards. Such apparel shall be urliforrn for all persons performing the duties of Crossing Guards and shall be wom at all times while performing Crossing Guard 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. Apparel and equipment shall be pre - approved by the City Manager or the designee. e. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate guards in the event that any person fails to report for work at the assigned time and location. 3. Compensation to Contractor. The City agrees to pay the Contractor for ',620 hours of Crossing Guard service. The City shall pay for services in the sum of Ten Dollars and Seventy-Nine Cents ($10.79) per hour for new hires and /or the sum of Fourteen Dollars and Thirty -Nine Cents ($14.39) per hour for existing City Crossing Guards, hired by Contractor. It is understood and agreed that the cost of providing one thousand, six hundred and twenty (1,620) hours of services shall not exceed Twenty-One Thousand, Three - Hundred and Sixty-Seven Dollars ($21,367). 3.1. Contractor shall maintain accounting records of its billings, and all time incurred for the provision of Crossing Guard services which includes the name of the employee, the services performed, and times and dates of all work which is billed on an hourly basis. 3.2. Contractor shall submit monthly invoices to City payable by City within thirty (30) days of receipt of the invoice. 3.3. Contractor shall not receive any compensation for extra services performed without prior written authorization of Lt. Jim Carson or his designate. Any authorized compensation shall be paid in accordance with the hourly cost for services described in paragraph 3 above. 4. Standard of Care. All of the services shall be performed by Contractor or under Contractors supervision. Contractor represents that it possesses the professional personnel required to perform the services required by this 2of5 E 39tld YaZe Z9z DIE :Xtld luawaBeueN A;la rttl MdST:E 966T 6ntl LZ 0 Agreement and it will perform all services in a manner commensurate with :ommunity professional standards. Contractor has, or shall obtain and viaintain all licenses, permits, qualifications and approval required to provide the services described in this Agreement. 5. Independent Contractor. City retains Contractor on an independent contractor basis and Contractor is not an employee of the City. Nothing in this Agreement shall be deemed to constitute Contractor or any of Contractor's employees or agents, or personnel which provide Crossing Guard services under this Agreement to be the agents or employees of City. Contractor has a responsibility for and control over the details and means of performing the work provided that consultant is in compliance with the terms of this Agreement. Anything in this Agreement which may appear to give City the right to direct Contractor or Contractor's personnel to the details of the performance of services or to exercise a measure of control over Contractor shall mean that Contractor shall follow the desires of City only in t1e results of the services. Contractor shall provide supervisory personnel to supervise personnel in Crossing Guard activities and to ensure that personnel are providing the required services at the required places and times and in accordance with this Agreement. 5.1. City and Contractor shall cooperate in scheduling hours and locations of Crossing Guards. City has the power to add to, delete from or revise work schedules /locations at any time depending upon need. 6. Contract Representatives. The City's representative in dealing with the Contractor shall be Lt. Jim Carson or his designate. The Contractor's representative in dealing with the City shall be 7. The Contractor shall at all times provide worker's 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 City, its officers and employees as an additional insured. Such insurance shall include commercial genera( liability by an insurance company certified to do business in the State of California, vvith Best's A VII or better carriers, unless otherwise approved by the City's Risk Manager. Coverage shall be a minimum combined single limit of not less than $5,000,000.00 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 cancelled, reduced in coverage or limits or non - renewed except after thirty (30) days written notice 3 of 5 3stld b8Z8 ZQZ BTE :Xtld }uswsBv"W 61113 rttl Wd9T:E 866t gntl tz 0 0 by Certified Mail, Return Receipt Requested has been given to the City Manager, or designee for the City of Newport Beach. 8. Contractor agrees to indemnify the City, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims 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 negligent acts or intentional tortious 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 attorney's fees incurred in connection herewith. b. Contractor will promptly pay any judgement 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. 9. Either party shall have the right to cancel this Agreement by giving thirty (30) days written notice to the other. 10. The Contractor shall not have the right to assign this Contract to any other person or firm except with the consent of the City. 11. In the event that this Agreement is extended beyond June 30, 1999, 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. !!.T[.� \ S 3�tld \ 6BZB ZBZ GTE :Xtl3 }uaNaBauvW fi }[� litl WdLi:E B66S GZ - 0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Attested by: 26'Ln r LAVONNE HARKLESS City Clerk F.- CaNWASgrd08:t498.doc CITY OF NEWPORT BEACH Municipal corporation 4KM l/ �/s /L[ Ciii Manager ALL CITY MANAGEMENT SERVICES, INC. By: ' N FAR Manager 5 of 5 � 9 39vd 68Z8 ZBZ OTC :Xtl3 JUS026vuew 6113 Trtl WdBT:E 866T fine GZ