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.
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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