HomeMy WebLinkAboutContracts & Agreements_94-2014_CCv0001.pdf 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 3rd day of June,2414,with an effective date of July 1,
2014("Effective Date"),by and between the City of Redlands,a municipal corporation("City")and
American Guard Services, Inc. ("Contractor"). City and Contractor are sometimes individually
referred to herein as a "Party" 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 Provision of the Services shall end on June 30, 2017, unless this Agreement is earlier
terminated as provided herein. Contractor shall complete the Services within the term of this
Agreement,and shall meet any other reasonable schedules and deadlines established by City.
1.2 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 provide the
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
2.1 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.
2.2 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.
2.3 Contractor shall comply with applicable federal,state and local laws and regulations in
the performance of the Services.
2.4 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.
2.5 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
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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.
2.6 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.
2.7 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 information,interpret and define City's policies and decisions with
respect to performance of the Services.
3.2 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
4.1 The total compensation for Contractor's performance of the Services shall not exceed the
amount of One Hundred Fourteen Thousand Seven Hundred Seventy Seven Dollars
($114,777)per year.City shall pay Contractor on an hourly basis at the rate of Fourteen and
Seventeen One Hundredths Dollars($14.17)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).
4.2 Contractor 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 Contractor no later than thirty (30) days after receipt and approval by City of
Contractor's invoice.
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4.3 All notices shall be given in writing by personal delivery or by mail. Notices sent by mail
should be addressed as follows:
Qt-Y Contractor
Commander Chris Catren Adolfo Avendano
Redlands Police Department Regional Manager
City of Redlands American Guard Services,Inc.
30 Cajon 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 are
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 Contractor. 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.
5.2 Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance throughout the term of the Agreement in accordance with the Iaws 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.
5.4 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 or liability,
including attorneys' fees,arising from injury or death to persons or damage to property
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occasioned by and negligent act, omission or failure to act by Contractor, its officers,
employees and agents,or by their willful misconduct in performing the Services.
ARTICLE 6-CONFLICTS OF INTEREST
6.1 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.
6.2 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;
(iii) 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 or otherwise perform 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
87302.
6.3 In the event City determines that Consultant must disclose its financial interests,
Consultant shall complete and file a Fair Political Practices Commission Form 700
Statement of Economic Interests with the City Clerk's office pursuant to the written
instructions provided by the City Clerk.
ARTICLE 7-GENERAL CONSIDERATIONS
7.1 Attorneys' Fees. In the event any action or proceeding is commenced to enforce or
interpret any of the terms or 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 for the use of in-house counsel by a Party.
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7.2 Prohibition Against Assignment. 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
prior written approval shall be void and of no effect, and in the sole discretion of the
City, may result in the immediate termination of this Agreement by City.
7.3 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 Contractor are for its account only, and in no event shall Contractor or
personnel retained by it be deemed to have been employed by City or 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.
7.4 Termination. Unless earlier terminated as provided for below, this Agreement shall
terminate on June 30,2017.
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 or 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.
7.5 Books and Records. Contractor shall maintain books, ledgers, invoices,accounts and
other 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 Contractor.
7.6 Entire A reement/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 or written agreements relating to such matters
are superseded by this Agreement. Except as otherwise provided for herein, an
amendment to this Agreement shall be in writing, approved by City and signed by City
and Contractor.
7.7 Governing 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.
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7.8 Severability. If one or more of the sentences,clauses,paragraphs or 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 or invalidate the remaining sentences, clauses,paragraphs or
sections contained herein, unless to do so would deprive a Party of a material benefit of
its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of the City and Contractor have
signed in confirmation of this Agreement.
CITY OF REDLANDS AM C ;UAtERaVS, INC.
y: U J By: w
Pete Aguilar, Mayor Adolfo tidano, Regional Manager
Attest:
Sam lrwin ity Clerk
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EXHIBIT A
SCOPE OF WORK FOR CROSSING GUARD SERVICES
Bidders shall perform crossing guard services at fifteen (115)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 FY 2014-2015, 180 days.There will be a total of 8,100 hours of service 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 Mon Tues Wed ThursFri
1 Judson/Pennsylvania 0700-0800 0700-0800 0700-0800 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 1500-1545 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
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@ Q
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 0715-0815 0715-0815
1350-1435 1350-1435 1350-1435 1350-1435 1350-1435
6 Independence/Wabash 0715-0815 0715-0815 0715-0815 0715-0815 0715-0815
1350-1435 1350-1435 1350-1435 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 1335-1420 1335-1420 1335-1420
9 Cajon/Cypress 0715-0815 0715-0815 0715-0815 0715-0815 0715-0815
1350-1435 1350-1435 1350-1435 1350-1435 1350-1435
1
0 Lugonia/Sixth 0700-0800 0700-0800 0700-0800 0700-0800 0700-0800
1245-1330 1330-1415 1330-1415 1330-1415 1330-1415
1
1 Orange/Pennsylvania 0700-0800 0700-0800 0700-0800 0700-0800 0700-0800
1245-1330 1330-1415 1330-1415 1330-1415 1330-1415
1
2 Lassen/Pennsylvania 0700-0800 0700-0800 0700-0800 0700-0800 0700-0800
1245-1330 1330-1415 1330-1415 1330-1415 1330-1415
1
3 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
1
4 Center/Olive 0730-0830 0730-0830 0730-0830 0730-0830 0730-0830
1400-1445 1400-1445 1400-1445 1400-1445 1400-1445
1
5 Cypress/San Mateo 0715-0815 0715-0815 0715-0815 0715-0815 0715-0815
1350-1435 1350-1435 1350-1435 1350-1435 1350-1435
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EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly
authorized to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations,a certificate of consent to self-
insure,either as an individual employer,or as one employer in a group of employers,
which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due
to his or her employees.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers'Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and I will comply with such provisions before
commencing the performance of the work and activities required or permitted under this Agreement.
(Labor Code §1861).
I affirm that at all times,in performing the work and activities required or permitted under this
Agreement,I shall not employ any person in any manner such that I become subject to the workers'
compensation laws of California. However,at any time,if I employ any person such that I become
subject to the workers'compensation laws of California,immediately I shall provide the City with a
certificate of consent to self-insure, or a certification of workers' compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
represektion made in this certificate are true and correct.
erid rvi Inc. Date:
By:
A A endano
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