05-0705_ALL CITY MANAGEMENT SERVICES, INC._D9_Agenda Reporti
AGENDA REPORT
TO: David F. Adams, City Manager %,*-
FROM: Michael Cantor, Senior Management Analyst
0 7/5/05
SUBJECT: Consideration of Agreement for School Crossing Guard Services (All City
Management Services, Inc.)
RECOMMENDATION:
By Motion, approve the two-year Agreement with All City Management Services, Inc., in
the amount of $133,120 for servicing six crossing guard locations from July 1, 2005
through June 30, 2007.
SITUATION:
Since September 1993, All City Management Services, Inc. has provided crossing
guard services at all of the public elementary and middle 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 a 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 to require the services of a crossing guard.
Under the terms of this contract, San Juan, Del Obispo, Ambuehl and Kinoshita
Elementary Schools and Marco Forster Middle School will be provided crossing guard
services for the regular school year and as needed for summer school. The six
locations are as follows:
1. Camino Del Avion and Avenida Descanso
2. Via Postiva in front Kinoshita Elementary School
3. Via Postiva and Alipaz Street
4. EI Camino Real and Spring Street
5. Camino Capistrano and La Zanja Street
6. San Juan Creek Road and Calle Cartegena
Agenda Report
Page 2 July 5, 2005
COMMISSION/BOARD REVIEW AND RECOMMENDATIONS:
Not Applicable.
FINANCIAL CONSIDERATIONS:
This is the first year of a two year contract. Funds in the amount of $66,560 have been
allocated in the fiscal year budget 2005-2006 for All City Management Services, Inc. to
provide service from July 1, 2005 to June 30, 2006. Funds in the same amount will be
proposed in the second year of the contract for fiscal year budget 2006-2007. The next
two year's costs reflect no increase over the previous year's hourly contract rate
($12.80) for the crossing guard service.
NOTIFICATION:
All City Management Services, Inc.
Capistrano Unified School District
RECOMMENDATION:
By Motion, approve the two-year Agreement with All City Management Services, Inc., in
the amount of $133,120 for servicing six crossing guard locations from July 1, 2005
through June 30, 2007.
Respectfully submitted,
w4rcx�4n�
Michael Cantor
Senior Management Analyst
Attachment:
1. Agreement
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PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of July 2005, by and
between the City of San Juan Capistrano (hereinafter referred to as the "City") and All
City Management Services, Inc., (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City desires to retain the services of Consultant regarding the City's
school crossing guard services; and
WHEREAS, Consultant is qualified by virtue of experience, training, education
and expertise to accomplish such services.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Scope of Work.
The scope of work to be performed by Consultant shall consist of those tasks as
set forth in Exhibit 'A" attached and incorporated herein by reference.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Term.
This is a two-year Agreement and shall commence on the effective date of this
Agreement and services required hereunder shall be completed by no later than
June 30, 2007.
Section 3. Compensation.
3.1 Amount.
Total compensation for the scope of services for this Project shall not
exceed One Hundred Thirty -Three Thousand One Hundred Twenty Dollars
($133,120.00) as set forth in Exhibit "B," attached and incorporated herein by reference.
All City Management PSA 2005 - I - June 14, 2005
A7TACHMENT1
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3.2 Method of Payment.
Consultant shall submit weekly invoices based on total services which
have been satisfactorily completed. The City will pay weekly progress payments based
on approved invoices in accordance with this Exhibit °B."
For extra work not part of this Agreement, a written authorization from City
is required prior to Consultant undertaking any extra work.
3.3 Records of Expenses.
Consultant shall keep complete and accurate records of all costs and
expenses incidental to services covered by this Agreement. These records will be
made available at reasonable times to City.
Section 4. Independent Contractor.
It is agreed that Consultant shall act and be an independent contractor and not
an agent or employee of City, and shall obtain no rights to any benefits which accrue to
City's employees.
Section 5. Limitations Upon Subcontracting and Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals
and employees were a substantial inducement for City to enter into this Agreement.
Consultant shall not contract with any other entity to perform the services required
without written approval of the City. This Agreement may not be assigned, voluntarily or
by operation of law, without the prior written approval of the City. If Consultant is
permitted to subcontract any part of this Agreement by City, Consultant shall be
responsible to City for the acts and omissions of its subcontractor as it is for persons
directly employed. Nothing contained in this Agreement shall create any contractual
relationships between any subcontractor and City. All persons engaged in the work will
be considered employees of Consultant. City will deal directly with and will make all
payments to Consultant.
Section 6. Changes to Scope of Work.
In the event of a change in the Scope
documents as requested by the City, the Parties
this Agreement setting forth with particularity all
but not limited to any additional Consultant's fees.
of Work provided for in the contract
hereto shall execute an addendum to
terms of the new agreement, including
All City Management PSA 2005 - 2 - June 14, 2005
Section 7. Familiarity with Work Site.
By executing this Agreement, Consultant warrants that: (1) it has investigated
the work to be performed; and (2) it understands the location, difficulties and restrictions
of the work under this Agreement. Should Consultant discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by City,
it shall immediately inform City of this and shall not proceed with further work under this
Agreement until written instructions are received from the City.
Section 8. Time of Essence.
Time is of the essence in the performance of this Agreement.
Section 9. Compliance with Law.
Consultant shall comply with all applicable laws, ordinances, codes and
regulations of federal, state and local government.
Section 10. Conflicts of Interest.
Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the
performance of the services contemplated by this Agreement. No person having such
interest shall be employed by or associated with Consultant.
Section 11. Ownership of Documents.
All reports, information, data and exhibits prepared or assembled by Consultant
in connection with the performance of its services pursuant to this Agreement are
confidential to the extent permitted by law, and Consultant agrees that they shall not be
made available to any individual or organization without prior written consent of the City.
All such reports, information, data, and exhibits shall be the property of the City and
shall be delivered to the City upon demand without additional costs or expense to the
City. The City acknowledges such documents are instruments of Consultant's
professional services.
Section 12. Indemnity.
Consultant agrees to protect, defend and hold harmless City, its elected and
appointed officials and employees from any and all claims, liabilities, expenses or
damages of any nature, including attorneys' fees, for injury or death of any person or
damage to property or interference with use of property and for errors and omissions
committed by Consultant arising out of or in connection with the work, operation or
activities of Consultant, its agents, employees and subcontractors in carrying out its
obligations under this Agreement.
All City Management PSA 2005 -3 - June 14, 2005
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Section 13. Insurance.
Insurance required herein shall be provided by Admitted Insurers in good
standing with the State of California and having a minimum Best's Guide Rating of A -
Class VII or better.
13.1 Comprehensive General Liability.
Throughout the term of this Agreement, Consultant shall maintain in full
force and effect Comprehensive General Liability coverage in the following minimum
amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period.
13.2 Comprehensive Automobile Liability.
Throughout the term of this Agreement, Consultant shall maintain in full
force and effect Comprehensive Automobile Liability coverage, including owned, hired
and non -owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not limited
to contractual period
13.3 Worker's Compensation.
If Consultant intends to employ employees to perform services under this
Agreement, Consultant shall obtain and maintain, during the term of this Agreement,
Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by state law.
All City Management PSA 2005 - 4 - June 14, 2005
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13.4 Proof of Insurance Requirements/Endorsement.
Prior to beginning any work under this Agreement, Consultant shall submit
the insurance certificates, including the deductible or self -retention amount, and an
additional insured endorsement to the Consultant's general liability and umbrella liability
policies to the City Clerk's office for certification that the insurance requirements of this
Agreement have been satisfied.
13.5 Errors and Omissions Coverage
Throughout the term of this Agreement, Consultant shall maintain Errors
and Omissions Coverage (professional liability coverage) in an amount of not less than
One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement,
Consultant shall submit an insurance certificate to the Clerk of the Board's office for
certification that the insurance requirements of this Agreement have been satisfied.
13.8 Notice of Cancellation/Termination of Insurance.
The above policy/policies shall not terminate, nor shall they be cancelled,
nor the coverages reduced, until after thirty (30) days' written notice is given to City,
except that ten (10) days' notice shall be given if there is a cancellation due to failure to
pay a premium.
13.7 Terms of Compensation.
Consultant shall not receive any compensation until all insurance
provisions have been satisfied.
13.8 Notice to Proceed.
Consultant shall not proceed with any work under this Agreement until the
City has issued a written "Notice to Proceed" verifying that Consultant has complied
with all insurance requirements of this Agreement.
All City Management PSA 2005 - 5 - June 14, 2005
Section 14. Termination.
City and Consultant shall have the right to terminate this Agreement without
cause by giving thirty (30) days' advance written notice of termination to the other party
In addition, this Agreement may be terminated for cause by providing ten (10)
days' notice to the other party of a material breach of contract. If the other party does
not cure the breach of contract, then the agreement may be terminated subsequent to
the ten (10) day cure period.
Section 15. Notice.
All notices shall be personally delivered or mailed to the below listed addresses,
or to such other addresses as may be designated by written notice. These addresses
shall be used for delivery of service of process:
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Michael Cantor, Senior Management Analyst
To Consultant: All City Management Services, Inc.
1749 South La Cienega Blvd.
Los Angeles, CA 90035
Attn: Baron Farwell, General Manager
Section 16. Attorneys' Fees.
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs
and necessary disbursements in addition to any other relief to which he may be entitled.
Section 17. Dispute Resolution.
In the event of a dispute arising between the parties regarding performance or
interpretation of this Agreement, the dispute shall be resolved by binding arbitration
under the auspices of the Judicial Arbitration and Mediation Service ("JAMS").
Section 18. Entire Agreement.
This Agreement constitutes the entire understanding and agreement between the
parties and supersedes all previous negotiations between them pertaining to the subject
matter thereof.
All City Management PSA 2005 - 6 - June 14, 2005
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
CITY OF SAN JUAN CAPISTRANO
In
Wyatt Hart, Mayor
CONSULTANT
By:
BfimKFiiwell, General Manager
ATTEST:
Margaret R. Monahan, City Clerk
APPROVED AS TO FORM:
(��' 4x-�� -
John R. Sh 6
City Attorney
All City Management PSA 2005 - 7 - June 14, 2005
EXHIBIT "A"
Project Overview and Scope of Work
All City Management Services, Inc. (Consultant) will provide school
Crossing Guards to serve San Juan, Del Obispo, Ambuehl and Kinoshita
Elementary Schools and Marco Forster Middle School at the following
designated locations:
• Camino Del Avion and Avenida Descanso
• Via Postiva in front Kinoshita Elementary School
• Via Postiva and Alipaz Street
• EI Camino Real and Spring Street
• Camino Capistrano and La Zanja Street
• San Juan Creek Road and Calle Cartegena
2. Consultant shall provide Crossing Guards services at the designated
hours on all days on which the designated schools in the City of San Juan
Capistrano are in session.
3. Consultant shall provide supervisory personnel to oversee the activities of
the Crossing Guards to make sure that they are at the required places and
times and in accordance with all items of this agreement.
4. Consultant shall maintain adequate reserve personnel to be able to furnish
alternate Crossing Guards in the event that any person fails to report for
work at the assigned time and location.
5. Consultant shall provide personnel properly trained as herein specified for
the performance of duties of Crossing Guards as well as 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.
6. Consultant 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.
7. Consultant shall provide all Crossing Guards with hand held Stop Signs
and other safety equipment as needed.
8. Consultant shall provide City a Crossing Guard Assignment Schedule two
times each year; in September reflecting the regular school year and in
June reflecting the summer session with the following information:
Site #, Assigned Crossing Guard, School, Intersection, Minimum
Days and Hours, Hours Assigned to location and Number of hours
the City is invoiced for Site #.
E
EXHIBIT "B"
Compensation and Payment
The City agrees to pay All City Management Services, Inc. up to
$133,120.00 for all services performed from July 1, 2005 to
June 30. 2007.
2. Consultant shall submit weekly invoices for services based on an hourly
rate of $12.80 for actual crossing guard duties performed.
3. The City shall make payments within 14 days of receipt of Consultant's
bill.
4. Payments shall be made to All City Management Services, Inc.
5. The parties understand and agree that the City's payments to Consultant
as compensation under this Agreement shall not exceed One Hundred
Thirty -Three Thousand One Hundred Twenty Dollars ($133,120.00).