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HomeMy WebLinkAboutReso 78-17 Approving Agreement with All City Management Svcs RESOLUTION NO. 78 — 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR THE PROVISION OF CROSSING GUARD SERVICES FOR FISCAL YEAR 2017-18 WHEREAS, the City of Dublin uses adult crossing guards to ensure the safety of schoolchildren crossing streets; and WHEREAS, the City of Dublin wishes to continue to contract with the firm All City Management Services, Inc. to provide crossing guard services for Fiscal Year 2017-2018. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Agreement (attached hereto as Exhibit A) with All City Management Services, Inc. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 20th day of June 2017, by the following vote: AYES: Councilmembers Biddle, Gupta, Hernandez and Mayor Haubert NOES: ABSENT: Councilmember Goel ABSTAIN: llu'k Mayor ATTEST: 5trW+1 City Clerk/ Reso No. 78-17, Adopted 6/20/2017, Item No. 4.8 Page 1 of 1 Exhibit A All (CITY TAG- IT CES AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALL CITY MANAGEMENT SERVICES,INC. FOR CROSSING GUARD SERVICES This AGREEMENT made and entered into this 4&7- 2017 by and between THE CITY OF DUBLIN 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: 1. This Agreement is for a one year period which commences July 1, 2017 and ends on June 30, 2018 and for such term thereafter as the parties may agree upon. 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 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. i. 4. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any Crossing Guard fails to report for work at the assigned time and location. 5. 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 California and the New Haven Unified School City pertaining to general pedestrian safety in school crossing areas. 6. Crossing Guard Services shall be provided by the Contractor at the designated locations on all days in which the designated schools in the City are in session. The Contractor also agrees to maintain communication with the designated school to maintain proper scheduling. 7. 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 St6p signs and any other safety equipment which may be necessary. 1. 8. 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 Counsel, Superintendent of Schools, or designee for the New Haven Unified School City. 9. 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 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 attorney's fees incurred in connection herewith. 1.. b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims, damages,penalties,obligations or liabilities. c) In the event the 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 the 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 attorney's fees.. 10. Either party shall have the right to cancel this Agreement by giving sixty (60) days written notice to the other. 1 11: The Contractor shall not have the right to assign this Contract to any other person or firm except with 1 the prior written consent of the City. 2 All CFf1Yh,&,A1AGETMET\\1T SERVICES 12. The City agrees to pay Contractor for services rendered pursuant to the Agreement the stun of Eighteen Dollars and Eighty-Four Cents ($18.84) per hour of guard service provided. It is understood that the cost of providing Eight Thousand, Six Hundred and Ninety-Seventy (8697) hours of service shall not exceed One Hundred Sixty-Three Thousand, Eight Hundred and Fifty-One Dollars ($163,851.00). 13. Payment is due to Contractor within thirty (30) days of receipt of Contractor's properly prepared invoice. 14. Unforeseen Costs: The Contractor may exercise a price increase during the contract period as result of any legislative mandated increases in wages or benefits to State of California Employees. The Contractor shall provide the City 60 days' notice and justification of its request to adjust pricing based on any new wage or benefit laws. The City agrees to review and respond to said notice within 30 days of service. 15. In the event that this Agreement is extended beyond June 30,2018 the compensation for services shall be established by mutual consent of the parties. IN WITNESS WHERFOF, the parties hereto have executed this Agreement the day and year first above written. City of Dublin All City Manag ent Services,Inc. B Signature Demetra'91well, Corporate Secretary Date: May 18,2017 Print Name and Title Date By Signature Print Name and Title Date