Administrative
Report
H.6., File # 24-1093 Meeting Date: 8/6/2024
To: MAYOR AND CITY COUNCIL
From: JOE HOFFMAN, CHIEF OF POLICE
TITLE
APPROVE AN AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES FOR AN AMOUNT NOT TO EXCEED $132,408 AND THE TERM AUGUST 6, 2024 THROUGH AUGUST 5, 2025
EXECUTIVE SUMMARY
The Agreement with All City Management Services, Inc. (ACMS) will provide supplemental crossing guard services in the City of Redondo Beach. Crossing guards provide a valuable service by helping ensure safety for the pedestrian community and students who walk to and from schools in Redondo Beach. The previous Agreement with ACMS expired in June 2024. This Agreement will allow for the utilization of five supplemental crossing guards each school day through June 30, 2025.
BACKGROUND
On August 3, 2021, the Redondo Beach City Council approved a pilot-program to utilize ACMS for supplemental crossing guard services. The Agreement enhanced the Police Department’s Crossing Guard program by adding ACMS crossing guards to supplement the City employed crossing guards.
Due to the return of current Redondo Beach crossing guards to full-duty status, the on-going need for supplemental crossing guards from ACMS decreased from nine to six during FY 2023-24.
Additionally, ACMS has experienced difficulty in staffing all nine supplemental positions and, on average, has only been able to staff six of the nine spots.
The Crossing Guard Program is managed by the Special Operations Bureau of the Police Department. Twenty-seven total City locations have been identified as high pedestrian crossing areas that benefit from crossing guard services. The crossing guards assist in guiding community members and students across streets, which can become highly trafficked by motorists and bicyclists.
On June 18, 2024, the Redondo Beach City Council approved the Police Department’s FY 2024-25 operating budget, increasing the number of City-employed crossing guards from twelve to twentytwo. Due to this increase, the current, and on-going, need for supplemental crossing guards from ACMS will decrease from six to five. Funding for the supplemental ACMS Crossing Guard services requested was included in Decision Package #44.
The Agreement includes an increased hourly rate for ACMS services from $34.19 to $36.78 per hour.
Due to the projected potential for staffing shortages, ACMS has indicated that there may be
1 H.6., File # 24-1093 Meeting Date: 8/6/2024
Due to the projected potential for staffing shortages, ACMS has indicated that there may be occasions when they will not be able to provide staffing for all five supplemental crossing guards. On those occasions, the City will only be charged for the crossing guards actually provided, thus, there is the potential for savings against the quoted annual cost. Any vacancies not filled through ACMS will be staffed using available Police Department resources on a temporary basis.
COORDINATION
The Police Department coordinated with the City Attorney’s Office on the preparation of the Agreement.
FISCAL IMPACT
Funding for this Agreement was included in Decision Package #44 as part of the FY 2024-25 budget adoption process. No additional appropriation is required at this time.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
· Agmt - All City Management Services, Inc.
· Insurance - All City Management Services, Inc.
· Decision Package #44 - FY 2024-25
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AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated August 6, 2024 and is between the CITY OF REDONDO BEACH, a chartered municipal corporation (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (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 August 6, 2024 and ends on August 5, 2025. City and Contractor may agree to subsequent terms which shall be by written amendment to this Agreement. Service shall begin on a best availability basis until such a time as Contractor has hired, trained, and deployed Crossing Guards to all sites requested by the City. City agrees to provide site locations for Contractor to then assign and deploy Crossing Guards.
2. The Contractor shall provide crossing guard services (“Crossing Guard Services”) for sites as requested by the City. Such personnel shall be trained 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 Contractor’s employees and not employees of the City.
3. The City’s representative in dealing with the Contractor shall be designated by the City of Redondo Beach.
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.
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 Crossing Guard 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 Crossing Guard Services are to be performed pertaining to general pedestrian safety in school crossing areas.
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8. Crossing Guard 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 handheld 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 shall 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 $2,000,000.00 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, elected and appointed officials, employees, and volunteers. 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, elected and appointed officials, attorneys, employees, agents and representatives (“Indemnitees”)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, incident to, related to, in connection with or arising from any act, failure to act, error or omission of Contractor’s performance or work hereunder (including any of its officers, agents, employees, Subcontractors) or its failure to comply with any of its obligations contained in the Agreement, or its failure to comply with any current or prospective law, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnification obligation shall survive this Agreement and shall not be limited by any term of any insurance policy required under this Agreement.
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.
b) 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 this Agreement, 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.
c) In the event that a court determines that liability for any Claim was caused or contributed to by the sole negligence or willful misconduct of City, liability will be apportioned 4 3
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.
d) 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 $6,000,000 (Six Million Dollars).
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 Crossing Guard Services rendered pursuant to this Agreement the sum of Thirty-six Dollars and Seventy-eight Cents ($36.78) per hour, per Crossing Guard during the term. Based on a minimum of five (5) sites and upon a projected (3,600) hours of service the cost shall not exceed One Hundred Thirty-two Thousand, Four Hundred Eight Dollars ($132,408.00) per year, unless Contractor fails to perform service.
15. Payment is due within thirty (30) days of 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 Crossing Guard Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide City with 60 days-notice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt. However, any price adjustment shall not become effective unless executed by a subsequent written amendment.
17. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Crossing Guard Services shall be established 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 Crossing Guard 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 CONTRACTOR
City of Redondo Beach All City Management Services, Inc.
By_____________________________ By_____________________________ James A. Light, Mayor D. Farwell, Corporate Secretary
Date____________________________ Date____________________________ ATTEST: APPROVED:
_____________________________ _____________________________ Eleanor Manzano, City Clerk Diane Strickfaden, Risk Manager APPROVED AS TO FORM:
_____________________________
Michael W. Webb, City Attorney
6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
12/19/2023
Marsh & McLennan Agency LLC
Marsh & McLennan Ins. Agency LLC
1 Polaris Way #300
Aliso Viejo CA 92656
[email protected] License#: 0H18131 Lexington Insurance Company 19437 ALLCITYMAN AXIS Surplus Insurance Company 26620 All City Management Services, Inc.
10440 Pioneer Blvd., Suite 5
Santa Fe Springs CA 90670
Westchester Surplus Lines Insurance Co 10172 National Casualty Company 11991 1939690226 A X 1,000,000 X 100,000 X 500,000 1,000,000 2,000,000 X Y N 052114698 8/1/2023 8/1/2024
2,000,000 N N
B X 3,000,000 X
P00100118039401 8/1/2023 8/1/2024
3,000,000
D X
N
N WCC334410A 1/1/2024 1/1/2025
1,000,000 1,000,000 1,000,000
C Excess Layer G72535522003 8/1/2023 8/1/2024 AGGREGATE $6,000,000 City of Redondo Beach is included as additional insured as respects to General Liability per attached endorsement.
City of Redondo Beach
415 Diamond St.
Redondo Beach CA 90277-0000 7
INSURED:
POLICY #: POLICY PERIOD: TO:
All City Management Services, Inc. 052114698 08/01/2023 08/01/2024 8 9