03-0701_ ALL CITY MANAGEMENT SERVICES, INC._D9_Agenda Report • • 7/1/2003
D9
AGENDA ITEM
TO: George Scarborough, City Manager
FROM: Lt. J.B. Davis, Chief of Police Services
SUBJECT: Consideration of Renewal of Agreement for School Crossing Guard
Services (All City Management Services, Inc.)
RECOMMENDATION:
By motion, approve the Renewal of Agreement with All City Management Services, Inc.,
in the amount of $48,384.00, for the services of five crossing guards from July 1, 2003
through June 30, 2004.
SITUATION:
Since September 1993, All City Management Services, Inc. has provided crossing
guard services at all of the public elementary schools located within the City of San
Juan Capistrano. These crossing guards assist the students as they traverse various
intersections while en route to their respective schools. The services provided under
this contract have proven to be reliable as well as cost effective.
Prior to the use of contracted crossing guards, the Orange County Sheriffs Department
provided this service. However, whenever a crossing guard was unable to staff his/her
post, a deputy sheriff was assigned to provide the service. The utilization of a deputy
sheriff, whose primary duties include preventative patrol, emergency response, public
safety, and/or traffic enforcement, is not a satisfactory use of police resources. All City
Management Services, Inc. has consistently provided reliable and capable personnel to
staff those intersections deemed necessary for the services of a crossing guard.
Additionally, this company has developed a system by which to replace crossing guards
who are temporarily unable to staff their post.
Under the terms of this contract, San Juan, Del Obispo, Ambuehl and Kinoshita
Elementary Schools will be provided crossing guard services for the regular school year
and summer school. This agreement is effective for the Fiscal Year beginning July 1,
2003 through June 30, 2004. The contract will call for five crossing guards and a
supervisor at a total cost of $48,384.00.
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable
FOR CITY COONC1 AGENDA
AgpnflA Itam -9- .hili/ 1 9003
FINANCIAL CONSIDERATIONS:
The proposal by All City Management Services, Inc. provides for a total of 3,780 hours
of crossing guard service at a cost of $48,384.00 ($12.80/hour, unchanged from the
previous fiscal year) for the Fiscal Year 2003-2004. The cost of this contract is included
in the City of San Juan Capistrano's Fiscal Year 2003-2004 operating budget. As
opposed to the last Fiscal Year, this contract includes the costs of crossing guard
services for summer school. Last year, the cost of summer school crossing guards was
added to the contract through amendment.
NOTIFICATION:
All City Management Services, Inc*
Capistrano Unified School District*
Rinevol and Company: Capistrano Villas I*
Coastal Resource Management Company: Capistrano Villas II, & III-*
ALTERNATE ACTIONS:
1. Move to approve the attached Renewal of Agreement with All City Management
Services, Inc., for crossing guard services.
2. Do not approve the attached Renewal of Agreement with All City Management
Services, Inc., for crossing guard services.
3. Direct staff to conduct further review and find other alternatives.
RECOMMENDATION:
By motion, approve the Renewal of Agreement with All City Management Services, Inc.,
in the amount of $48,384.00, for the services of five crossing guards from July 1, 2003
through June 30, 2004.
Rle
tfully\submitted,
Lavis
C Police Services
Attachments: 1. Amendment to Agreement with All City Management Services, Inc.
2. Agreement
AM C=Y MANAGFNENTSITRN7CIES
Amendment to Agreement between
All City Management Services, Inc. and the City of San Juan Capistrano
for providing School Crossing Guard Services
The City of San Juan Capistrano hereinafter referred to as the "City", and All City
Management Services, Inc., located at 1749 S. La Cienega Blvd., Los Angeles, CA
90035, hereinafter referred to as the "Contractor", mutually agree to amend the existing
Agreement entered into on September 2, 1993 as follows:
1. Item #1 The City and the Contractor agree to extend the term of this
Agreement for the 2003-2004 fiscal year beginning July 1, 2003
through June 30, 2004.
2. Item #17 The City agrees to pay Contractor for services rendered pursuant to
the Agreement the sum of Twelve Dollars and Eighty Cents, ($12.80)
per hour of guard service provided. It is understood that the cost of
providing three thousand,seven-hundred and eighty,(3,780)hours of
service shall not exceed Forty-Eight Thousand, Three-Hundred and
Eighty-Four Dollars, ($48,384.00).
3. Except as provided for in Item#1 and Item#17, all other terms and conditions of the
original Agreement and Amendments thereto between the City and the Contractor
remain in effect.
City of San Juan Capistr o All City Management Services, Inc.
By By
�ohn\S, el , Mayor n eneral Ma ager
Date — Date March 18, 2003
ATTEST: APP VEDA TO FORM:
Margar t R onahan, City Clerk John . Shaw, City Attorney
San Ju n apistrano City of San Juan Capistrano Sr
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
ATTACHMENT
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 C RANO, a
municipal cSratio
ATTEST:
City Clerk
APPROVED AS TO FORM
o ALL CITY MANAGEMENT SERVICES, INC
City Attorney
President