Item 07 Approval for Crossing Guard Services with All City Management Services ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: July 16, 2019
Item # 0 f
Reviewed By:
Contact Name: Lt. Scott Nylander Department Director: Chie C arl/n Brown
Contact Number: X3315 City Manager: Rob Fra
Subject: Approval for Crossing Guard Services with All City Management Service
Background Summary:
The City of Ocoee Police Department's current crossing guard contract with All City Management Services ended
on June 30, 2019. The Police Department is seeking to renew the contract for an additional three years. The
contract would begin on or about August 1, 2019, and end on June 30, 2022. The estimated cost of this contract
during the first year (2019-2020), will be $19.50 per hour, per crossing guard and is a fully loaded rate to include
recruitment, background clearance, training, equipment, insurance, supervision and management. The police
department would continue to designate a liaison between the police department and All City Management
Services to address any future crossing guard needs.
Issue:
Should the Honorable Mayor and Board of City Commissioners approve a three-year crossing guard contract
with All City Management Services?
Recommendations:
Staff recommends the Honorable Mayor and Board of City Commissioners approve a three-year crossing guard
contract with All City Management Services.
Attachments:
All City Management Services Contract Agreement for Crossing Guard Services and Proposed Hourly Rate
Page (appendix A).
Financial Impact:
During the first year of the contract, there will be no increase per hour, from previous year, per Crossing Guard.
The City agrees to pay the Contractor for the Services rendered pursuant to the Agreement the sum of Nineteen
Dollars and Fifty Cents ($19.50) per hour, per Crossing Guard, during contract school year 2019 — 2020,
inclusive of supervision. The total amount from August 12, 2019, through September 30, 2019, is currently
budgeted. The total amount budgeted from October 1, 2019, through September 30, 2020, will be $286,000.00
in our proposed budget. 2021-2022, funds will be budgeted for crossing guard hours or resources as needed.
The rate shall increase to $20.53 per hour, per Crossing Guard, for the 2020-2021 school year, inclusive of
supervision and the rate shall increase to $20.79 per hour, per Crossing Guard, for the school year, inclusive of
supervision.
°-(457
Type of Item: (please mark with an"x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for'Execution
Reviewed by City Attorney Dana Crosby-Collier on June 27, 2019 N/
Reviewed by Finance Dept. ata N/
Reviewed by 0 NI
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\ / AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the "Agreement") is dated July ,
2019 and is between the CITY OF OCOEE (hereinafter called the "City"), and ALL CITY
MANAGEMENT SERVICES, INC., a California corporation authorized 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 term which commences on or about August 1, 2019 and ends on
June 30, 2022 and for such term thereafter as the parties may agree upon.
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". 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.
All current qualified City of Ocoee Crossing Guards will be given the right of first refusal
when Contractor engages in hiring of personnel to fulfill this contract.
3. The City's representative in dealing with the Contractor shall be designated by the 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 January 1, 2019 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 $40.00 per hour for a minimum of 1.5 hours.
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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.
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 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.
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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 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.
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 768.28 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 Statutes.
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 Nineteen Dollars and Fifty Cents ($19.50) per hour, per Crossing
Guard, during contract school year 2019 — 2020 inclusive of supervision. The rate shall
increase to $20.53 per hour, per Crossing Guard, for the 2020-2021 school year, inclusive
of supervision. The rate shall increase to $20.79 per hour, per Crossing Guard, for the
school year 2021-2022 inclusive of supervision. The City agrees to a minimum of 14,355
hours of service billing annually, unless Contractor fails to perform services or unless
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schools are closed due to inclement weather or natural disaster. The City shall have the
option to decrease the number of sites contracted by no more than two (2) sites without a
change in the hourly rate billed. (See Attachment A, Proposed Hourly Rate for 2019-
2020, which is attached hereto and incorporated herein by reference.)
15. All invoices will be paid by City in accordance with the Florida Prompt Payment Act
following receipt of Contractor's 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-written notice of its request to increase
pricing. City agrees to review and respond to said notice within 30 days of receipt.
17. At the end of the initial three (3) year period, the City shall have an option to renew this
Agreement on an annual basis for an additional one (1) year period. In the event this
Agreement is extended beyond the end of the initial three (3) year term, the compensation
and terms for the Services shall be established in writing 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]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
written below.
CITY OF OCOEE ALL CITY MANAGEMENT SERVICES
By By
Rusty Johnson, Mayor D. Farwell, Corporate Secretary
Attest:
Melanie Sibbitt, City Clerk
Date Date
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this_day of , 2019.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ,2019, UNDER
AGENDA ITEM NO. .
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Attachment A
Proposed Hourly Rate 2019-2020
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ML CI!T I MANAGEMENT' 5r,r VC5
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Proposed Hourly Rate 2019-2020
As a full service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are
included in the proposed hourly billing rate. This would include but be not limited to; recruitment,
background clearance, training, equipment, insurance, supervision and management of the City of
Ocoee,FL Crossing Guard Program.
Proposed Hourly Rate: Nineteen dollars and Fifty cents ($19.50) per hour, per guard. This pricing
is based upon 10 Crossing Guards compensated an average of 3.75 hours, 9 Crossing Guards
compensated 2.25 hours and 11 Crossing Guards compensated 2.0 hours, per day for 180 school
days annually. Local field supervision and substitute guards are also included in the rate, as are all
other costs except as noted below. Based upon 14,355 hours annually we project a Not to Exceed
price of$279,223 for contract year one (2019—2020).
Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary,
which details each site, each day and the hours worked at that site. Ocoee would only be billed for
Crossing Guard services rendered on designated "school days" unless otherwise requested by the
City.
The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety
devices. If the City should request any such additional equipment in writing to ACMS, the additional
cost will be billed to the City.
ACMS Contact Information
Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670
Phone numbers: 310.202.8284 or 800.540.9290
Fax number: 310.202.8325
Website address: www.thecrossingguardcompany.com
24 Hour Emergency Dispatch: 877.363.2267
General Manager: Baron Farwell: baron@thecrossingguardcompany.com
Director of Field Operations: : John Dotson: john@thecrossingguardcompany.com
Director of Marketing: Harlan Sims: harlan@thecrossingguardcompany.com
Florida Region Manager: Michele Busch: michele@thecrossingguardcompany.com
This pricing is valid for a period of 90 days.
10440 Pioneer Blvd. Ste 5•Santa Fe Springs, Ca 90670.800-540-9290 •FAX 310-202-8325