1993-0802_ ALL CITY MANAGEMENT SERVICES, INC._Agreement I
AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND ALL CITY MANAGEMENT SERVICES, INC. FOR
CROSSING GUARD SERVICES
THIS AGREEMENT made and entered into this 2nd day of August ,
1993 , by and between the CITY OF SAN JUAN CAPISTRANO , 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 :
1 . This agreement is for a period of time which commences
August, 1993 and ends on June 30, 1994, and for such
term thereafter as the parties may agree upon.
2 . 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.
3 . The City ' s representative in dealing with the
contractor shall be the City Manager or such person as
the City Manager may designate.
4 . If , at any time during the contract period , the
Contractor questions the meaning of any item of this
agreement , the Contractor shall contact the City
Manager or his designee for interpretation of that
item.
5 . The City shall have the right to determine the hours
and locations when and where guards shall be furnished
by the Contractor . The Contractor shall notify the
SC
City in writing of any changes which may need 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.
6. 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 .
7 . 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.
8 . 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 San Juan Capistrano.
9 . The Contractor shall train, schedule , provide, and
supervise personnel in accordance with the contract and
the rules and regulations of the City of San Juan
Capistrano Crossing guards shall perform their duties
as trained and within the City's rules for such guards.
10. 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 San Juan Capistrano
pertaining to general pedestrian safety and school
crossing areas.
11 . 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 San Juan Capistrano, are in
session.
12 . 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.
13 . The Contractor shall at all times provide Worker ' s
Compensation insurance covering its employees, and
shall provide and maintain public liability insurance
for Crossing Guard activities with the City named as an
additional insured.
Such insurance shall include, but not be limited to,
comprehensive general liability with a combined single
limit of not less than $5, 000,000.00 per occurrence for
property damage and for bodily injury or death of
persons. Such insurance shall be primary with respect
to any insurance maintained by City and shall not call
on 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 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 Attorney or City Manager .
14 . Contractor agrees to indemnify 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, 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.
15 . Either party shall have the right to cancel this
agreement by giving thirty (30) days written notice to
the other .
16 . The Contractor shall not have the right to assign this
contract to any other person or firm except with the
consent of the City.
17 . The City agrees to pay the CONTRACTOR for the services
rendered pursuant to this Agreement the sum of Thirteen
Dollars and Sixty Seven Cents ( $13 . 67) per hour of
guard services provided. It is understood and
agreed that the cost for providing one thousand four
hundred forty-eight ( 1 ,448) hours of services shall not
• exceed Nineteen Thousand Seven Hundred Ninety-Four
Dollars ( 19 , 794 .00) .
18 . In the event that this agreement is extended beyond
June 30, 1994 , 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 City
Manager.
IN WITNESS WHEREOF , the parties hereto have executed this
agreement the day and year first above written.
CITY OF SAN JUAN CRANO, a
municipabratio
L�
ATTEST:
City Clerk
APPROVED AS TO FORM
ALL CITY MANAGEMENT SERVICES, INC
City Attorney
By
President