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HomeMy WebLinkAboutItem 04 Approval for Crossing Guard Services with All City Management Services City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: June 6, 2023 Item #: 4 Contact Name: Scott Nylander Department Director: Saima Plasencia Contact Number: Ext. 3315 City Manager: Robert Frank Subject: Approval for Crossing Guard Services with All City Management Services. (Police Chief Plasencia) Background Summary: The City of Ocoee Police Department’s current crossing guard contract with All City Management Services ends on June 30, 2023. The Police Department is seeking to renew the contract for an additional three years. The contract would begin on or around July 1, 2023 and end on June 30, 2026. The estimated cost of this contract during the first year (2023-2024) will begin at $23.11 per hour, per crossing guard, until 9/30/23, and then will increase to $24.93 per hour, per crossing guard, from 10/01/2023 through the end of the school year. The rate is fully loaded to include recruitment, background clearance, training, equipment, insurance, supervision and management. The Police Department would continue to designate a liaison between the Department and All City Management Services to address any future crossing guard needs. Issue: Should the Honorable Mayor and City Commissioners approve a three-year crossing guard contract with All City Management Services? Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve a three-year crossing guard contract with All City Management Services. Attachments: 1. ACMS Contract Financial Impacts: The City agrees to pay the Contractor for the Services rendered pursuant to the Agreement the sum of $23.11 per hour, per Crossing Guard, from August 10, 2023, through September 30, 2023, during contract school year 2023-2024, inclusive of supervision. The total amount from August 10, 2023, through September 30, 2023, is currently budgeted. The rate will increase to $24.93 per hour, per crossing guard, from 10/01/2023 through the end of the 2023-2024 school year. The total amount budgeted from October 1, 2023, through September 30, 2024, will be $343,801.17 in our proposed budget. The rate shall increase to $26.18 per hour, per Crossing Guard, for the 2024-2025 school year, inclusive of supervision, and the rate shall increase to $27.49 per hour, per Crossing Guard, for the 2025-2026 school year, inclusive of supervision. 2024-2025 and 2025-2026 funds will be budgeted for crossing guard hours or resources as needed. Page 48 of 373 City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Type of Item: Consent Page 49 of 373 1 AGREEMENT FOR CROSSING GUARD SERVICES This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated May 24, 2023 and is between the CITY OF OCOEE (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation authorized to do business in the State of Florida (hereinafter called the "Contractor"). WITNESSETH The parties hereto have mutually covenanted and agreed as follows: 1. This Agreement is for a period which commences on or around July 1, 2023 and ends on June 30, 2026 and for such term thereafter as the parties may agree upon by written amendment to this contract. Contractor shall assume liability for only those sites agreed to by both Contractor and the City by written amendment stating effective date of assignment. 2. The Contractor will provide personnel equipped and trained (by an FDOT certified Trainer) in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”. Contractor will perform criminal background checks and confirm employment eligibility through E-Verify on all prospective personnel. 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’s representative in dealing with the C ontractor shall be designated by the City of Ocoee Police Chief. 4. 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 the terms of this Agreement. 5. The Contractor 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 and agrees to provide immediate replacement. Effective July 1, 2023 if Contractor fails to supply an immediate replacement and the City provides a temporary replacement, any period of time; the Contractor shall reimburse the City the going rate for a detail officer which is $53.00 per hour for a minimum of 1.5 hours. 6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed. Page 50 of 373 2 7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas. 8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under City’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling. 9. 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. 10. 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 additional insureds. 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 has been given to the City. 11. Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a “Claim” and collectively, the “Claims”) that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the sole negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees. 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 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 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. Page 51 of 373 3 d) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of City, liability will be apportioned between Contractor and City based upon the parties’ respective degrees of culpability, as determined by the court, and Contractor’s duty to indemnify City will be limited accordingly. e) Notwithstanding anything to the contrary contained herein, Contractor’s indemnification obligation to City for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor’s general liability and umbrella insurance policies in the amount of $9,000,000 (Nine Million Dollars). f) Nothing herein is intended to serve as a waiver of sovereign immunity by any agency or political subdivision to which sovereign immunity may be applicable. Nothing in this Agreement is intended to be, nor shall be construed as an extension of liability beyond the statutory limitations of liability set forth in section 7468.28 Florida Statutes. Except for the enforcement of the express provisions of the Agreement, which may only be enforced by the expressly identified parties to the Agreement, the City of Ocoee shall maintain all rights, privileges, and immunities of sovereign immunity, including but not limited to those at common law, and those rights and limitations of liability set out in section 768.28 Florida Statues. 12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party. 13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City. 14. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Twenty-three Dollars and Eleven Cents ($23.11) per hour, per Crossing Guard for the term of 7/1/2023 – 9/30/2023. The rate will change to Twenty-four Dollars and Ninety-three cents ($24.93) per hour, per Crossing Guard for term of 10/1/2023-6/30/2024. Based on a minimum of twenty-nine (29) sites and upon a projected (13,995) hours of service the cost shall not exceed Three Hundred Forty-three Thousand, Eight Hundred and One Dollar ($343,801.00) for the 2023-2024 school year, unless Contractor fails to perform service. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Twenty-six Dollars and Eighteen Cents ($26.18) per hour, per Crossing Guard during the term of 7/1/2024 – 6/30/2025. Based on a minimum of twenty-nine (29) sites and upon a projected (13,995) hours of service the cost shall not exceed Three Hundred Sixty-six Thousand, Three Hundred and Eighty-nine Dollar ($366,389.00) for the 2024-2025 school year, unless Contractor fails to perform service. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Twenty-seven Dollars and Forty-nine Cents ($27.49) per hour, per Crossing Guard during the term of 7/1/2025 – 6/30/2026. Based on a minimum of twenty-nine (29) sites and upon a projected (13,995) hours of service the cost shall not exceed Three Hundred Eighty-four Thousand, Seven Hundred and Twenty-three Dollar ($384,723.00) for the 2025-2026 school year, unless Contractor fails to perform service. Page 52 of 373 4 15. All invoices will be paid by City in accordance with the Florida Prompt Payment Act following receipt of Contractors’ properly prepared invoice. 16. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide City with 60 days- notice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt. 17. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties. 18 This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect. [SIGNATURES FOLLOW ON NEXT PAGE] Page 53 of 373 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below. CITY CONTRACTOR City of Ocoee All City Management Services, Inc. By_____________________________ By______________________________ Signature D. Farwell, Corporate Secretary _____________________________ Print Name and Title Date____________________________ Date____________________________ Page 54 of 373