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HomeMy WebLinkAboutReso 065-95 CrossGuardsRESOLUTION NO. 65 - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ALL CITY MANAGEMENT SERVICES FOR THE PROVISION OF CROSSING GUARD SERVICES WHEREAS, the City of Dublin uses crossing guards to ensure the safety of school children crossing streets; and WHEREAS, the City wishes to contract with the firm of All City Management Services to provide crossing guard personnel; and WHEREAS, the City and All City Management have developed an agreement that details the scope and duties required; and WHEREAS, the agreement extends from July 1, 1995 to June 30, 1996. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Dublin hereby authorizes the City Manager to execute the agreement attached as Exhibit A and by reference made a part hereof, with All City Management Services for the provision of Crossing Guard services within the City of Dublin. PASSED, APPROVED AND ADOPTED this 27th Day of June, 1995. AYES: Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston NOES: None ABSENT: None ABSTAIN: None K2/cc-mtg/6-27-95/resoxgrd ,doc Mayor ALL CITY MANAGEMENT SERVICES, INC. AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES THIS AGREEMENT made and entered into this July 1st, 1995, by and between the CITY OF DUBLIN, a municipal corporation, hereinafter called the "City", and ALL CITY MANAGEMENT SERVICES, INC., hereinafter called the "Contractor"; WITNESSETH The parties hereto have mutually covenanted and agreed as follows: This Agreement is for a period of time which commences July I st., 1995, and ends on June 30, 1996, and for such term thereafter as the parties may agree upon. The Contractor is an independent contractor and the guards to be furnished by it shall at all times be its employees and not those of the City. The City's representative in dealing with the contractor shall be the City Manager or such person as the City Manager may designate. The City shall notify Contractor in writing of hours and locations when and where guards shall be furnished by the Contractor. The Contractor shall provide supervisory personnel to see that guard activities are taking place at the required places and times, and in accordance with all items of this Agreement. w 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. 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 and the City of Dublin. The Contractor shall train, schedule, provide, and supervise personnel in accordance with the contract and the rules and regulations of the City of Dublin. Crossing Guards shall perform their duties as trained and within the City's rules for such guards. ALL CITY MANAGEMENT SERVICES, INC. Persons provided by the Contractor as Crossing Guards shall be trained by the laws and codes of the State of California and the City of Dublin pertaining to general pedestrian safety and school crossing areas. 10. 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 Dublin, are in session. 11. 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. Apparel and equipment shall be pre-approved by the City Manager or the designee. 12. 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 an Acord Certificate of Insurance naming the City as an additional insured. Such insurance shall include commercial general liability with a 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 employees of the City. Such insurance shall not be cancelled, 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 Dublin. 13. Contractor agrees to indemnify and defend the City, its Officers, employees and agents against, and will hold and save them and 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, in performing the services 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 willl pay all costs and expenses including attorney's fees incurred in connection herewith. ALL CITY MANAGEMENT SERVICES, INC. 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. 14. City shall have the right to cancel this Agreement by giving written notice. The Contractor shall have the right to cancel this Agreement by giving thirty (30) days written notice to the City. 15. The Contractor shall not have the right to assign this Contract to any other person or firm except with the consent of the City. 16. The City agrees to pay the Contractor for the services rendered pursuant to this Agreement the sum of Eleven Dollars and Seventy-Nine Cents ($11.79) per hour of guard services provided. It is understood and agreed that the cost for providing Four Thousand and Fifty hours (4,050) of services shall not exceed Fourty-Seven Thousand Seven Hundred Fourty~Nine Dollars ($47,749.00). During the term of this Agreement if Contractor provides Crossing Guard services to the Cities of Concord, Walnut Creek and Pleasanton the Cities' hourly rate wil be reduced to approximately $10.79. 17. In the event that this Agreement is extended beyond June 30, 1996, the compensation for services shall be established by mutual written Agreement. ALL CITY MANAGEMENT SERVICES, INC. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF DUBLIN · municipal corporation Attest by: ALL CITY MANAGEMENT SERVICES, INC.