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Item 08 Approval of Amendment for Crossing Guard Services with All City Management ServicesContact Name: Contact Number: WN N ocoe(? florido Meeting Date: April 5, 2022 Item # Lt. Jack Davidson 407-554-7194 Reviewed By: Department Director: Chief Sai a City Manager: Robert Frank 6 Subject: Approval of Amendment for Crossing Guard Services with All City Management Services Background Summary: The City of Ocoee Police Department's current crossing guard contract with All City Management Services ends on June 30, 2022. The Police Department is seeking to extend the contract for an additional year through June 30, 2023 as authorized in the original contract for services. The estimated cost for crossing guard services for this year extension will be $22.01 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 one-year crossing guard contract extension with All City Management Services? Recommendations: Staff recommends the Honorable Mayor and Board of City Commissioners approve a one-year crossing guard contract extension with All City Management Services? Attachments: All City Management Services Contract Agreement for Crossing Guard Services and Amendment to Agreement between All City Management Services, Inc., and the City of Ocoee for providing School Crossing Guard Services Financial Impact: Funds are currently budgeted for services rendered from August 10, 2022 to September 30, 2022 in the current budget. Funds for crossing guard services for the remainder of the 2022-2023 school year will be proposed during the budget process for 2022-2023. Type of Item: (please mark with an 'Y) Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept Reviewed by Robin Drage via email 3/23/22 N/A Rebecca Roberts via email 3/25/2022 N/A Saima Plasencia via email 3/25/22 N/A CIO AGREEMENT FOR CROSSING GUARD SERVICES This AGREEMENT FOR CROSSING GUARD SERVICES (the "Agreement") is dated July a 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: 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. Page 1 of 6 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 Page 3 of 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below. CITY OF OCOEE By, -- Rusty Jol �ay a Attest; Melanie Sibbitt, City Clerk Date 1,•, (/ FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this (J,� day of J-VW 2019. SHUF FIELD LOWMAN & WILSON, P.A. By: 0-�� ' City Attorne APPROVE BY ` HE COEE CITY CQMMTSSIO STING HELD ON to _ U2019, UNDER AGENDA TEM NO. —1 -- ALL CITY MANAGEMENT SERVICES Date �- Page 5 of 6 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@,thecrossingguardeo!pp4ny.com Florida Region Manager: Michele Busch: michele@thecrossingguardcompany.com This pricing is valid for a period of 90 days. AA An T]1_..l o.-_ c ® a-1- V- o....:....,, 0- n147n ® onn AZAA 0100 ®-G n V 110')rn QZ�� The City of Ocoee hereinafter referred to as the "City" and All City Management Services, Inc., located at 10440 Pioneer Blvd Ste. 5, Santa Fe Springs, CA 90670, hereinafter referred to as the "Contractor", mutually agree to amend the existing Agreement entered into on July 16, 2019, as follows: Item #1 This Agreement is for a term which commences on July 1, 2022, and ends on June 30, 2023, and for such a term thereafter as the parties may agree upon. Item #14 The City agrees to pay the Contractor for Services rendered pursuant to this Agreement the sum of Twenty-two Dollars and One Cent ($22.01) per hour, per Crossing Guard, during contract school year 2022-2023 inclusive of supervision. The City agrees to a minimum of 13,950 hours of service billing annually unless Contractor fails to perform services or unless 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 change in the hourly rate billed. Item #I I(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. 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. Except as provided for in Item # 1 and Item #14 all other terms and conditions of the original Agreement and Amendments thereto between the City and the Contractor remain in effect. City of Ocoee By Signature Print Name and Title Date All City Management Services, Inc. By Demetra Farwell, Corporate Secretary Date