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HomeMy WebLinkAboutContracts & Agreements_75-2017 AGREEMENT TO PERFORM CROSSING GUARD SERVICES FOR THE CITY OF REDLANDS This agreement for the provision of crossing guard services for the City of Redlands ("Agreement") is made and entered into this 2nd day of May, 2017, with an effective date of July 1, 2017 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and American Guard Services,Inc ("Contractor") City and Contractoi are sometimes individually referred to herein as a"Parry"and,together,as the"Parties " In consideration of the mutual promises contained herein, City and Contractor agree as follows ARTICLE 1 - ENGAGEMENT OF CONTRACTOR 1 1 City hereby engages Contractor for the provision of crossing guard services within the City of Redlands (the "Services") 1 2 The term of this Agreement shall commence on its Effective Date and shall continue until June 30, 2020 (the "Initial Term"), unless this Agreement is eat tier terminated as provided herein City shall have the option to extend the Initial Term of this Agreement by two successive one (1) year terms (each, a"Renewal Tenn") on the same terms and conditions hereof(except for the adjustment of hourly prices for the two possible Renewal Terms which shall be Nineteen and Fifty-Eight One Hundredths Dollars ($19 5$) per hour and Twenty and Ninety-One One Hundredths Dollars ($20 91) per hour, respectively, by providing Contractor written notice of such extension sixty(60)days prior to the expiration of the Initial Term or any Renewal Term of this Agreement Contractor shall complete the Services within the tern of this Agreement, and shall meet any othei reasonable schedules and deadlines established by City 12 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to providethe Services to City at a level of competency presently maintained by other practicing contractors in the industry providing like and similar types of Services ARTICLE 2—CONTRACTOR'S PERFORMANCE OF SERVICES 21 The Services that Contractor shall perform are more particularly described in Exhibit "A," entitled "Scope of Services,"which is attached hereto and incorporated herein by reference 22 Contractor shall provide personnel ("Crossing Guards") equipped and trained in appropi tate procedures for crossing pedestrians in marked crosswalks Contractol is an independent zn contractor, and the Crossing Guards to be furnished by it shall at all times be Contractor's employees, and not those of City 23 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of the Services 24 Contractor shall provide supervisory personnel to ensure that the Crossing Guards' activities occur at City's specified places and tunes, and in accordance with all provisions of this Agreement 1 C-lUserslccatren\Documents\Purchasing\Crossing Guardsl?Q171American Guard Services Agreement 2017 doe 25 Persons provided by Contractor as Crossing Guards shall be trained in the laws and regulations of the State of California pertaining to general pedestrian safety and school crossing areas Crossing Guard Services shall be provided by Contractor at the designated locations and at the designated hours on all days on which the designated schools in the City of Redlands are in session Contractor shall maintain adequate reserve personnel to furnish alternate Crossing Guards in the event that any Crossing Guard fails to report for woik at his or her assigned time and Iocation 26 Contractor shall pi ovide personnel proper ly trained foi the performance of the Services In the performance of their duties, Contractoi and its employees shall conduct themselves in accordance with the provisions of this Agreement and the laws and regulations of the State of California 27 Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards The apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing the Services Such apparel shall also be appropriate for weather conditions Contractor shall also provide all Crossing Guards with hand held "Stop" signs and any other safety equipment which may be necessary ARTICLE 3 -RESPONSIBILITIES OF CITY 3 1 City designates Commander Chris Catren as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive inforination, interpret and define City's policies and decisions with respect to performance of the Services 32 City shall determine the hours and locations when and where the Services shall be performed by Contractor Contractor shall notify City in writing of any changes which may need to occur in hours of work or locations ARTICLE 4 -PAYMENTS TO CONTRACTOR 41 The total compensation for Contractor's perforimance of the Services during the Initial Term shall not exceed the amount of One Hundred Thirty Eight Thousand,Five Hundred Ninety One Dollars ($138,591) per yeai City shall pay Contractor on an hourly basis at the rate of Seventeen and Eleven One Hundredths Dollars ($17 11) per hour,with the understanding that Contractor may bill up to three hours per day per location and that the Services shall not exceed Eight Thousand One Hundred(8,100)hours per year(3 hours per day multiplied by 15 locations multiplied by 180 days equals 8,100 hours) The hourly rates for any Renewal Terms shall be as specified in section 1 2 above, payable on the same basis as provided for in this section 4 1 42 Contractoi shall submit monthly invoices to City Contractor's invoices shall include the dates the Services were performed, and the number of hours spent and by whom City shall pay 2 C'\Users\ccatren\Documenss\Purchasmg\Crossmg Guards120171Amencan Guard Services Agreement 2017 doc Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice 3 C-lUserslccatren\Documenis\PurchasmglCrossmg Guards120MAmencan Guard Services Agreement 2017 doc 43 All notices shall be given in writing by personal delivery or by mail Notices sent by mail should be addressed as follows city Contractor Commandei Chris Catren Shei if Assal Redlands Police Department President City of Redlands American Guard Services, Inc 30 Capon Street 1299 E Artesia Blvd , Suite#200 PO Box 1025 (mailing) Carson, CA 90746 Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail Changes may be made in the names and addresses of the person to whom notices and payments arc to be given by giving notice pursuant to this section 4 3 ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5 1 Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractoi Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services The insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty(30) days' prior written notice to City 52 Contractoi shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the term of the Agreement in accordance with the laws of the State of California, with an insurance carrier acceptable to City 5 3 Contractor shall secure and maintain in force throughout the term of this Agreement comprehensive general liability insurance with carriers acceptable to City Minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required City shall be named as an additional insured such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City 54 Contractor shall secure and maintain in force throughout the term of this Agreement business auto liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability This coverage shall include all Contractor-owned vehicles used in connection with Contractor's provision of the Services, hired and non-owned vehicles, and employee non- ownership vehicles City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City 5 5 Contractor shall defend, indemnify and hold harmless City and its elected officials, officers, employees and agents from and against any and all claims, losses of liability, including attorneys' fees, arising from injury or death to persons of damage to property occasioned by and negligent act, omission or failure to act by Contractor, its officers, employees and agents, or by then willful misconduct in performing the Services 4 C,\Users%ccatrenlDocumentslPurchasmg\Crossing Guards\20MAmerican Guard Senwes Agreement 2017 doc ARTICLE 6 - CONFLICTS OF INTEREST 6 I Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Consultant's Services Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement 62 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant A Does not make or participate in (i) the making or any City governmental decisions regarding approval of a rate, rule or regulation, or the adoption or enforcement of laws, (ii) the issuance, denial, suspension or revocation of City permits, licenses, applications, certifications, approvals, orders or similar authorization or entitlements, (in) authoring City to enter into, modify or renew a contract, (iv) granting City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract, (v) granting City approval to a plan, design, report, study or similar item, (vi) adopting or granting City approval of policies, standards or guidelines for City or for any subdivision thereof B Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision of otherwise perforin the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of interest Code under Government Code section 57302 63 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Farr Political Practices Commission Form 700 Statement of Economic Interests with the City Clerk's office pursuant to the,%Ni-itten instructions provided by the City Clerk ARTICLE 7 - GENERAL CONSIDERATIONS 71 Attorneys' Fees In the event any action or proceeding is commenced to enforce or interpret any of the terms of conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, including fees fol the use of in-house counsel by a Party 72 Prohibition Against Assiariment Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms, and conditions of this Agreement Any assignment or attempted assignment without such pi for written approval shall be void and of no effect, and in the sole discretion of the City, may result in S C•1Userslccatre-n\Documents\PurchasinglCrossing Guards120371American Guard Services Agreement 2017 doe the iminediate termination of this Agreement by City 73 Independent Contractor Status Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor Neither City nor of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth Contractor shall supply necessary tools and instrumentalities required to perform the Services Assigned personnel employed by Contractoi are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City of engaged by City for the account of, or on behalf of City Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation 74 Tennination Unless eai hei terminated as provided for below, or unless 'he Initial Term 1s extended by City pursuant to section 1 2 of this Agreement, this Agreement shall terminate on June 30, 2020 A This Agreement may be terminated by City, in its sole discretion, by providing ten (10) days prior written notice to Contractor(delivered by certified mail, return receipt requested) of City's intent to terminate B If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but(1) no amount shall be allowed for anticipated profit of unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor 75 Books and Records Contractor shall maintain books, ledgers, invoices, accounts and othei records and documents evidencing costs and expenses related to the Services for a period of three (3)years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement Such books shall be available at reasonable times for examination by City at the office of Contractoi 76 Entire Aareement/Amendment This Agreement represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal of written agreements relating to such matters are superseded by this Agreement Except as otherwise provided for herein, an amendment to this Agreement shall be m writing, approved by City and signed by City and Contractor 77 Governina Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, and venue for any action concerning the same shall be in the Superior Court of the County of San Bernardino, California 78 Severabilitv If one or more of the sentences, clauses, paragraphs of sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction,the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair of invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would depi ive a Party of a material benefit of its bargain 6 C-%Userslceatren\Documents\Purchasing\Crossing Guards120171American Guard Services Agreement 2017 doc under this Agreement IN WITNESS WHEREOF, duly authorized representatives of the City and Contractor have signed in confirmation of this Agreement CITY OF REDLANDS AMERICAN GUARD SERVICES, INC By Paul W Foster,Mayor Sherif Assal, President Attest 'A04-r�� ie e Donaldson, City Clerk 7 C'1UserslccatrenlDocumentsTurchasinglCrossing Guards120171American Guard Services Agreement 2017.doc EXHIBIT A SCOPE OF WORK FOR CROSSING GUARD SERVICES Bidders shall perform crossing guard services at fifteen (15) locations throughout the City pursuant to the following chart The locations must be staffed on all school days for the Redlands Unified School District during the term of the agreement, 180 days each year There will be a total of 8,100 hours of service each year required under this agreement Bidders must also abide by the following requirements • Contractor shall provide personnel ("Crossing Guards ) equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks Contractor is an independent contractor, and the Crossing Guards to be furnished by it shall at all times be Contractor's employees, and not those of City • Contractor shall comply with applicable federal, state and local laws and regulations in the performance of the Services • Contractor shall provide supervisory personnel to ensure that the Crossing Guards' activities occur at City's specified places and times, and in accordance with all provisions of this Agreement • Persons provided by Contractor as Crossing Guards shall be trained in the laws and regulations of the State of California pertaining to general pedestrian safety and school crossing areas Crossing Guard Services shall be provided by Contractor at the designated locations and at the designated hours on all days on which the designated schools in the City of Redlands are in session Contractor shall maintain adequate reserve personnel to furnish alternate Crossing Guards in the event that any Crossing Guard fails to report for work at his or her assigned time and location • Contractor shall provide personnel properly trained for the performance of the Services In the performance of their duties Contractor and its employees shall conduct themselves in accordance with the provisions of this Agreement and the laws and regulations of the State of California • Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards The apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing the Services Such apparel shall also be appropriate for weather conditions Contractor shall also provide all Crossing Guards with hand held "Stop"signs and any other safety equipment which may be necessary Location I Mon Tues ( Wed I Thurs I Fri 1 Judson/Pennsylvania 070D 0800 0700-0800 070D 0800 0700-0800 0700-0800 1335-1420 1335-1420 1335-1420 1335-1420 1335-1420 2 Cypress/Monterrey 0800-0900 0800 0900 0800-0900 0800-0900 0800 0900 1500-1545 1500-1545 1500-1.545 1500-1545 1500-1545 3 Citrus/Wabash 0715 0815 0715-0815 0715 0815 0715-0815 0715-0815 1350-1435 1350-1435 1350-1435 1350-1435 1350 1435 4 Colton/Dearborn 0715-0815 0715-0815 0715 0815 0715-0815 0715-0815 1350 1435 1350-1435 1350-1435 1350-1435 1350-1435 5 Dearborn/Independence 0715-0815 0715 0815 0715-0815 071.5-0815 0715 0815 1350-1435 1350-1435 1350 1435 1350-1435 1350-1435 8 C-%Users%cealren\Documents\Purchasmg\Crosswg Guards120MAmerican Guard Services Agreement 2017 doc 6 independence/Wabash 0715 0815 0715 0815 0715-0835 071.5 0815 0715-081.5 1350-1435 1350 1435 1.350-1435 1350 1435 1350-1435 7 Berkeley/Colton 0700-0800 0700 0800 0700 0800 0700 0800 0700 0800 1335-1420 1335-1420 1335 1420 1335-1420 1335 1420 8 Garden/South 0700-0800 0700-0800 0700-0800 0700-0800 0700 0800 1335-1420 1335-1420 1.335-1.420 1335-1420 1.335-1420 9 Capon/Cypress 0715 0815 0715-0815 0715-0815 0715-0815 0715-0815 1350 1435 1350 1435 1350 1435 1350 1435 1350-1435 10 Lugonia/Sixth 0700-0800 0700-0800 0700 0800 0700-0800 0700 0800 1245-1330 1330-1415 1330-1415 1330-1415 1330 1415 11 Orange/Pennsylvania 0700 0800 0700-0800 0700-0800 0700 0800 0700-0800 1245 1330 1330 1415 1330-1415 1330 1415 1330-1415 12 Lassen/Pennsylvania 0700-0800 0700-0800 0700 0800 0700-0800 0700 0800 1245-1330 1330-1415 1330-1.415 1330-1415 1330-1415 13 Palo Alto/Puesta Del Sol 0715-0815 0715-0815 0715-0815 0715-0815 0715-0815 1350 1435 1350 1435 1350 1435 1350 1435 1350-1435 14 Center/Olive 0730-0830 0730-0830 0730-0830 0730-0830 0730-0830 1400-1445 1400-1445 1400-1445 1400-1445 1400-1445 15 Cypress/San Mateo 0715 0815 0715 0815 0715 0815 0715 0815 0715-0815 1350-1435 1350-1435 1350-1435 1350-1435 1350-1435 9 C-\UsersleeatrenlDocumentslPurchasinglCrossing Guards120MAmerican Guard Services Agreement 2017 doe