HomeMy WebLinkAbout16 - Agreement for Crossing Guard ServicesP0 m CITY OF
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September 12, 2017
Agenda Item No. 16
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Jonathan Stafford, Deputy Director, jtafford@nbpd.org
PHONE: 949-644-3650
TITLE: Agreement with All City Management Services, Inc. for Crossing
Guard Services
FA_.13I-ET i6
The Police Department requests City Council approval for a three-year agreement with
two one-year extensions with All City Management Services, Inc. to provide crossing
guard services. All City Management Services was selected as the most qualified
vendor in a full Request for Proposals (RFP) process conducted by the City's
Purchasing Agent. The agreement specifies 17 crossing guard locations throughout the
City of Newport Beach to be staffed during school arrival and departure periods, to
include three new locations in Newport Heights.
RECOMMENDATION:
a) Determine that the action is exempt from the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines
because it will not result in a physical change to the environment, directly or
indirectly; and
b) Approve a Services Agreement with All City Management Services, Inc. of Santa Fe
Springs, California, for crossing guard services at a not -to -exceed cost of
$922,406.40, and authorize the Mayor and City Clerk to execute the Agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for 17 crossing guard locations,
including the three additional new Newport Heights locations requested by the City
Traffic Engineer. Funding levels for crossing guard services for subsequent fiscal years
will be evaluated during the annual budget preparation process.
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Agreement with All City Management Services, Inc. for Crossing Guard Services
September 12, 2017
Page 2
DISCUSSION:
RFP Process
Through the Finance Department and Purchasing staff, the City issued an RFP,
soliciting proposals from crossing guard service providers. The RFP detailed the
background and scope needed by the City for crossing guard services at its various
school locations. Also included in the RFP was information on the evaluation process,
specifically the award procedures. It was stated that the award would be based on 70%
Technical Factors and 30% Cost Factors. The Technical Factors encompass areas
such as experience, qualifications, project approach, training and safety. The Cost
Factors take into account the proposed hourly rate of the assigned crossing guards for
the first year of the proposed contract engagement.
The City received two (2) responses, from All City Management Services, Inc. (ACMS);
and American Guard Services, Inc. (AGS). An evaluation panel was assembled,
consisting of staff from the City's Police and Public Works Departments. Staff from the
Public Works Traffic Engineering Division was asked to help evaluate the proposal due
to their knowledge and experience in traffic -related matters within the City. Using a 100 -
point scale, the evaluation panel assessed the Technical Factors of each proposal and
awarded a maximum of 70 points. For each proposal, the average score from each rater
was calculated and assigned as the Technical Score.
Concurrently, Purchasing staff evaluated each cost proposal and awarded a maximum
of 30 points. AGS offered the lowest hourly rate, which translated to the lowest annual
and contract term cost so they were awarded the full 30 points. ACMS was awarded a
number of points directly proportional to the amount by which their proposed cost was
higher than that of AGS. Table A below details each step of the evaluation process, with
Cost Score detail provided in Table B below.
Table A: Evaluation Scoring Process
Proposer
Technical Score
Cost ScoreTotal
Score
(Maximum 70)
(Maximum 30)1
(Maximum 100)
All City Management
62.67 Points
29.47 Points
92.13
Services, Inc.
American Guard
51.67 Points
30.00 Points
81.67
Services, Inc.
Notes:
1 Details on the Cost Score methodology can be found in Table B
Background of Proposers
ACMS was founded in 1985 and currently employs over 4,000 crossing guards
servicing cities, counties and school districts nationwide. Some of the local agencies
currently serviced by ACMS include: Santa Ana, Cypress, Dana Point, Fountain Valley,
Lake Forest, Garden Grove, Brea, Placentia, Fullerton, Costa Mesa and Huntington
Beach.
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Agreement with All City Management Services, Inc. for Crossing Guard Services
September 12, 2017
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In their proposal, AGS demonstrates experience as a security guard company that also
handles crossing guard services. Although founded in 1997, AGS has provided
crossing guard services since 2009. AGS currently employs 789 crossing guards,
compared to 6,000 security guards and personnel. Local government agency clients
serviced by AGS include: Orange County Sheriff's Department, San Juan Capistrano,
Mission Viejo and the Anaheim Police Department.
Explanation of Technical Score
Compared to AGS, ACMS rated higher in Technical Score among the evaluation panel
due to having more public agency client experience and overall experience in providing
crossing guard services. ACMS's focus specifically in crossing guard services allows
the company to train its employees in one specialized trade and to keep current with
safety practices. In addition, ACMS has provided crossing guard services to the City of
Newport Beach for over 20 years so their management and staff possess a familiarity
with our sites, expectations and organizational structure. Furthermore, the school sites
serviced by ACMS during the City's engagement have seen no accidents or major
incidents, a sentiment echoed in the reference checks performed on ACMS. Reference
checks for AGS found generally satisfied clients, however the City of Fremont cited
staffing and billing inconsistency issues encountered during their engagement.
Explanation of Cost Score
Table B below outlines the proposed contract costs from ACMS and AGS over a
proposed five-year term, assuming 7,560 hours per year, as was consistent with current
usage. The RFP responses did not include the additional three locations requested by
the City Traffic Engineer after the RFP process concluded. Therefore, the additional
1,620 hours per year are reflected in the final agreement, but are not reflected in the
cost score methodology because the RFP did not include the three new locations.
Following identification of ACMS as the recommended proposer for contract award,
Purchasing staff initiated contract negotiations with the proposer. The result of these
proceedings was an agreed-upon reduction in hourly rates from ACMS, and in turn, a
reduction in the annual and contract costs. The original and negotiated rates for ACMS
are included in the table.
Table B: Cost Submittal Detail
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American Guard
Services, Inc.
All City Management
Services, Inc.
(Original Rates)
All City Management
Services, Inc.
(Negotiated Rates)
Year 1:
$125,420.40
$127,688.40
$126,856.80
Year 2:
$131,770.80
$141,372.00
$140,238.00
Year 3:
$142,354.80
$152,258.40
$150,973.20
Year 4:
$152,560.80
$166,017.60
$163,900.80
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Agreement with All City Management Services, Inc. for Crossing Guard Services
September 12, 2017
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Year 5:
$162,993.60
$180,154.80
$177,660.00
TOTAL
AMOUNT 2:
$715,100.40
$767,491.20
$759,628.80
Notes:
2 Amount calculated using 14 locations and does not include 3 new locations.
Amounts shown above are to demonstrate cost score methodology only.
It is important to note that the primary factor in the rising costs each year is the
minimum wage mandate set forth by the State of California. Currently, the State's
minimum wage is $10.50/hour and set to increase to $11.00/hour on January 1, 2018.
Each year thereafter, the minimum wage will increase by $1 until the wage is
$15.00/hour.
Evaluation Panel Recommendation
Although AGS is qualified to perform the requested services, the evaluation panel felt
the combination of experience, qualifications, personnel, project history with the City of
Newport Beach and safety track record makes ACMS the highest qualified proposer to
be considered for award, outweighing the prospect of contracting at a slightly higher
hourly rate.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Agreement with All City Management Services, Inc.
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ATTACHMENT A
SERVICE AGREEMENT
WITH ALL CITY MANAGEMENT SERVICES, INC. FOR
CROSSING GUARD SERVICES
THIS SERVICE AGREEMENT ("Agreement') is made and entered into as of this
12th day of September, 2017 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and ALL CITY
MANAGEMENT SERVICES, INC., a California corporation ("Consultant'), whose
address is 10440 Pioneer Blvd., Suite 5, Santa Fe Springs, CA 90670, and is made with
reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Consultant to provide Crossing Guard Services ("Project').
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
D. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render services under the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
1.1 The term of this Agreement shall commence on the Effective Date, and shall
terminate on September 11, 2020, unless terminated earlier or extended as set forth
herein.
1.2 The term of this Agreement may be auto renewed up to two (2) times for
an additional one (1) year per renewal. An auto renewal of an additional one (1) year will
occur at the end of the initial three (3) year term if neither party has given written intent
not to renew at least thirty (30) calendar days before expiration of the initial three (3) year
term, and an auto renewal of an additional one (1) year will occur at the end of the fourth
year if neither party has given written intent not to renew at least thirty (30) calendar days
before expiration of the fourth year.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
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or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Consultant shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Consultant to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Consultant shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Consultant's control.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 City shall pay Consultant for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Five Hundred Seven
Thousand Six Hundred Fifty Four Dollars and 001100 ($507,654.00) for the initial three
(3) year term, without prior written authorization from City. For year 1, the annual amount
shall not exceed One Hundred Fifty Four Thousand Forty Dollars and 401100
($154,040.40). For year 2, the annual amount shall not exceed One Hundred Seventy
Thousand Two Hundred Eighty Nine Dollars and 001100 ($170,289.00). For year 3,
the annual amount shall not exceed One Hundred Eighty Three Thousand Three
Hundred Twenty Four Dollars and 601100 ($183,324.60). No billing rate changes shall
be made during the term of this Agreement without the prior written approval of City. At
the City's discretion and in accordance with Section 1 of this Agreement, after the first
three (3) years, this Agreement may be extended for the fourth (41h) year, and at the end
of the fourth (4th) year may be extended for the fifth (5'h) year. For year 4, the annual
amount shall not exceed One Hundred Ninety Nine Thousand Twenty Two Dollars
All City Management Services, Inc. Page 2
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and 40/100 ($199,022.40). For year 5, the annual amount shall not exceed Two Hundred
Fifteen Thousand Seven Hundred Thirty Dollars and 00/100 ($215,730.00).
Contractor's compensation for all Work performed in accordance with this Agreement,
including all reimburseable items and subcontractor fees, shall not exceed Nine Hundred
Twenty Two Thousand Four Hundred Six Dollars and 40/100 ($922,406.40) if this
Agreement if extended for years (4) and five (5).
4.2 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Consultant only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Consultant shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Consultant has designated Harlan Sims to be its
Project Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Consultant, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Consultant is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
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6. ADMINISTRATION
This Agreement will be administered by the Police Department. City's Police
Department Deputy Director or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community standards and with the
ordinary degree of skill and care that would be used by other reasonably competent
practitioners of the same discipline under similar circumstances. All Services shall be
performed by qualified and experienced personnel who are not employed by City. By
delivery of completed Work, Consultant certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized standards.
8.2 Consultant represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
All City Management Services, Inc. Page 4
.:
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Consultant's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Consultant, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Consultant or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Consultant or any
of Consultant's employees or agents, to be the agents or employees of City. Consultant
shall have the responsibility for and control over the means of performing the Work,
provided that Consultant is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Consultant as to the details
of the performance of the Work or to exercise a measure of control over Consultant shall
mean only that Consultant shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
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13. PROGRESS
Consultant is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement
of Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Consultant, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Consultant shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Consultant,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Consultant or any
other party. Additionally, all material posted in cyberspace by Consultant, its officers,
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employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Consultant or any other party.
Consultant shall, at Consultant's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Consultant will be at City's sole risk and without liability to Consultant. Further, any and
all liability arising out of changes made to Consultant's deliverables under this Agreement
by City or persons other than Consultant is waived against Consultant, and City assumes
full responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
Consultant shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Consultant's Documents provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Services to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Consultant
under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Consultant shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Consultant
under this Agreement.
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21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall not
discontinue Work as a result of such withholding. Consultant shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Consultant shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or inexperience
of Consultant which result in expense to City greater than what would have resulted if
there were not errors or omissions in the Work accomplished by Consultant, the additional
design, construction and/or restoration expense shall be borne by Consultant. Nothing in
this Section is intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
24.2 If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate termination
of this Agreement by City. Consultant shall indemnify and hold harmless City for any and
all claims for damages resulting from Consultant's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
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Attn: Police Department Deputy Director
Police Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Baron Farwell
All City Management Services, Inc.
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, CA 90670
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Consultant shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Consultant's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Consultant in writing as unsettled at the time of its final request for payment.
Consultant and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Consultant shall be required to file any claim Consultant may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Consultant. In the
event of termination under this Section, City shall pay Consultant for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Consultant has not been previously paid. On the effective date of termination, Consultant
All City Management Services, Inc. Page 9
16-13
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Consultant shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Consultant and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
All City Management Services, Inc. Page 10
16-14
28.10 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
All City Management Services, Inc. Page 11
16-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below..
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2/5
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Kevin Muldoon
Mayor
CONSULTANT:
Services, Inc., a
Date:
All City Management
California corporation
By:
Baron Farwell
President
Date:
By:
Demetra Farwell
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
All City Management Services, Inc. Page 12
16-16
EXHIBIT
SCOPE OF SERVICES
All City Management Services, Inc. Page A-1
16-17
EXHIBIT A — SCOPE OF SERVICES
1. Contractor Responsibilities/Provisions
1.1 The Contractor shall render a full-service project to provide adult crossing guards for the
City. The Contractor shall administer and coordinate the project.
1.2 The Contractor shall recruit, select, and employ crossing guards and alternate crossing
guards as required to provide coverage at each crossing guard post on each day when
guards are required in accordance with the schedule provided by the City.
1.3 The Contractor is responsible for the application process and determining the suitability
and qualifications of the crossing guards hired. All crossing guards employed by the
Contractor to perform services under this contract shall meet the qualifications specified
in the scope of services.
1.4 The Contractor shall provide a project manager as required to ensure competent and
efficient management of the crossing guard project.
1.5 The Contractor shall hire field supervisors to make on-site visitations at crossing guard
sites. One field supervisor shall be responsible for the supervision of no more than 25
crossing guards. The Contractor shall provide the name and contact information for the
field supervisor(s) to the City. The Contractor shall conduct on-site visitations to
crossing guards' sites at least three (3) times per school year.
1.6 The Contractor shall provide each crossing guard with the following equipment:
1.6.1 Complete uniform with Contractor's identifiable patch or badge;
1.6.2 Regulation -size, hand-held stop sign;
1.6.3 Brass or plastic whistle;
1.6.4 Traffic safety vest; and
1.6.5 High -visibility rain coat.
2. Duties of Crossing Guards
2.1 It shall be the duty of each crossing guard to:
2.1.1 Halt vehicles when necessary by mechanical and hand signal to permit children
to cross the road safely;
2.1.2 Maintain order among children assembled at street crossing points and permit
them to cross only when they can do so safely;
2.1.3 Report to the Newport Beach Police Department the license plate numbers of
motor vehicles who violate traffic laws or crossing guard instructions;
2.1.4 Make children aware of the elements of traffic safety and operation of
pedestrian controls;
16-18
EXHIBIT A — SCOPE OF SERVICES
2.1.5 Report to school authorities the names of children who do not follow safety
regulations; and
2.1.6 Wear a reflective traffic safety vest at all times when on duty.
3. Minimum Standards for Crossing Guards
3.1 The following shall be the minimum qualifications, as determined by Contractor, for all
crossing guards assigned by the Contractor to this project:
3.1.1 Be at least eighteen (18) years of age;
3.1.2 Be physically and mentally capable of performing the duties of a crossing guard;
3.1.3 Have the ability to give and follow oral instructions;
3.1.4 Have the ability to establish and maintain effective working relationships with
children, parents, school officials and law enforcement officials;
3.1.5 Have the ability to remain calm and use judgment and initiative in an emergency
situation; and
3.1.6 Be of good moral character.
3.2 Contractor shall include the following procedures in the selection process for crossing
guards:
3.2.1 The Contractor shall contact the last two (2) or three (3) employers of the
crossing guard applicant. Personnel reference should also be checked if the
applicant has not been employed during the last five (5) years.
3.2.2 Employment and personal reference checks should be of such a nature as to
provide the Contractor with the information necessary to determine if the
applicant is capable of performing the duties of a crossing guard.
3.2.3 The Contractor shall provide for fingerprinting each applicant and shall
complete a fingerprint identification card which shall be forwarded within five (5)
working days to the California Department of Justice (DOJ).
3.2.4 The Contractor shall not employ any person as a crossing guard who has been
convicted of a drug offense, sex offense or a felony, or is otherwise prohibited
from working with children.
3.2.5 The Contractor shall maintain records of fingerprint identification during the
period of this contract and five (5) years thereafter. Such records shall be
available to the City for review upon request of the City.
3.3 The Contractor shall provide each crossing guard with appropriate training for the
position of crossing guard before assigning a guard to any post. The training project
shall include:
16-19
EXHIBIT A — SCOPE OF SERVICES
3.3.1 General indoctrination concerning rules and regulations of employment;
3.3.2 Instructions on the proper handling of required reports;
3.3.3 Crossing guard techniques appropriate to the guard post;
3.3.4 Telephone numbers, and addresses, of the schools served by the crossing
guards and local law enforcement; and
3.3.5 Public relations instructions, including the importance of image, dress and
appearance, attitude and general demeanor of a crossing guard.
4. Listing of Current Crossing Guard Locations
The following is a listing of all the current crossing guard locations in the City. Contractor
shall post crossing guards at each of the following locations during the times specified.
16-20
Crossing Guard a
School
Intersection
Mon
Tue
wed
Thur
Fri
0830-09:15
07:15-0800
07.15-0800
07:15-0890
07:15 -Data
1
Corona del mar High School
Eastbluff Dr. /Alba St.
02:45-03:30
02.45-03,30
0245-0330
02:45-03:30
0245-03:30
HOURS
lS
1.S
1.S
15
13
09:30-09:15
07:15-0800
07:15 -08W
07:I5-D9W
0]:15-O8W
2
Our Lady Queen
FItbluff Dr. /Mar Vista
02:45-03:30
0205-03:30
02:45-0330
02:45-03:30
02:45-03:30
HOURS
1.5
1.S
IS
I.S
15
0805-08:50
0895-0850
0805-0850
08os-06:50
0805-08:50
3
Eastbluff Elementary
Eastbluff Dr. / Vista del Sol
0395-0350
0395-03:50
0130-0210
0305-0350
0305-03:50
HOURS
15
I.S
102
1.5
1S
08:10-085509:10-0855
1055
08 -08
08:10-08 55
08:10-0855
4
Eastbluff Elementary
T
Vista del Oro/ Vista Roma
0255-03A0
02:55-03:40
01:25-02:10
02:55-03:40
0255-03:40
HOURS
1.S
Ls
15
l.5
1.5
0730-08.05
07:30-0895
07:30-0805
07:30-0805
07:30-0805
16'" St. / Irvine (Cross Point
S.1
Ensign Intermediate
08:20-08:50
02:35-03:35
1235-0105
01:35-03:35
02:35-03:35
at 16'" St.)
02:35-03:35
03.00-0330
HOURS
2=
1.58
1.58
1 1.58
1.58
0730-0605
07:30-08:05
07:30-0805
07:30-0895
07:30-08:05
16'"SL( Irvine (Cross Point
S.2
Ensign Intermediate
at trvEnc)
0820-08:50
02:35-03:35
1235-0305
02:35-03:35
02:3S-03:35
02:35-03:35
0390-03:30
HOURS
2
LS8
158
1.53
2.S8
01:30-0805
07:30-08:05
01:30-0805
07:30-0805
0730-0805
Ensign Intermediate/ Newport
15'" St. / Irvine (North
5.3
Harbor HIS
Crossing)
08:20-0850
02:35-03:35
1135-0105
0235-0335
02:35-01:35
0235-0335
0300-03:30
HOURS
2
LIZ
LIS
1.58
I.S8
0730-0895
07:30-0805
07:30-0805
07:30-08.05
0730-0805
Ensign Intermediate/ Newport
15'" St. /Irvine (East
$.4
Harbor HS
Crossing)
08:20-08:50
02:35-03:35
1235-0105
02:35-0735
0235-0735
0235-0335
0300-03:30
HOURS
2
1.S8
1.58
LSe
1.58
0730-0805
07:30-0805
0730-0805
0730-0895
07:30-0805
5.5
Ensign Intermediate
Beacon St. Irvine
0820-08:50
02:35-03:35
12:35-0105
02:35-0335
02:35-03:35
0235-0335
0300-03:30
HOURS
2
1.58
LIS
I.S8
LIS
Pacific View Dr. Marguerite
0745-08:30
07:45-03:30
07.45-08:30
07.45-08:30
0705-0830
6
Lincoln Elementary
Ave.
02:40-03:25
02:40-0325
0105-0150
02:40-0315
02:40-03:25
HOURS
l5
l.5
1.5
1.5
1.s
Oaoo-09:45
08.90-09:45
0890-08:45
0800-08,45
0900-0845
7
Mariners Elementary
Dover /Mariners
02:55-0300
02:55-03:40
0145-02:30
02:55-03 401
02:55-03.40
HOURS
l.5
1.5
LS
1.S
1.s
W9W-08:45
0800-08:45
0800-08:45
0890-08:45
0890-08:45
8
Mariners Elementary
Mariners / Pembroke
02:55-03:40
02:55-03:40
01:55-02:40
02:SS-03:40
02.55-03:40
HOURS
l.5
LS
LS
1.5
15
0]:30-08:15
07:30-08:15
01:30-08:15
07:30-08:15
07:30-08:15
9
Newport Elementary TW.
Balboa / 14`" St.
02:20-0305
02:20-03:05
12:45-01:30
02:20-0395
02:20-0305
HOURS
1.5
1.5
1.5105
1.5
0730-08:15
07:30-08:15
07:30-08:15
0]:30-03:15
07:30-08:15
10
Newport Elementary
W. Balboa / 13'" St.
02:20-0395
02:20-0395
1205-01:30
02:20-03:05
02:20-0305
HOURS
1.5
1.5
1.5
1.S
1.5
0800-08 A5
0800-M45
0800-08,45
0990-08:45
0890-0845
Newport Coast/Ridge Park
11.1
Newport Coast Elementary
Rd. {Cross Point at Ridge
02:10-02:40
02x0-02:40
0195-0105
02:10-02:40
02x0-02Ao
Park Rd.)
0300-03:30
03:00-03:30
0290-02:30
0300-03:30
0300-03:30
HOURS
L75
L75
1.92
1.75
1.75
0800-0805
0890-08:45
0990-08:x5
0800-08:45
0900-0845
Newport Coast/Ridge Park
11.2
Newport Coast Elementary
Rd. (Cross Point at School
02:10-02:40
02:10-02:40
0105-0105
02:30-02 40
02:10-0240
Driveway)
0300-03:30
0300-0330
0290-02:30
0300-03:30
0319-03:30
HOURS
1.75
1.75
1 1.97
1 1.75
1.]S
07:30-08:15
07:30-08:15
0]:30-08:35
07:30-03.15
07:30-08.15
12
Newport Heights Elementary
15'" St. /Redlands
02:35-03:20
02:35-03:20
01:10-01-50
0235-0320
02:35-03.20
HOURS
IS
I's
I 1.42
1 1.5
I.S
16-21
EXHIBIT B
SCHEDULE OF BILLING RATES
All City Management Services, Inc.
Page B-1
16-22
EXHIBIT B - SCHEDULE OF BILLING RATES
(2017-2018) YEAR 1:
$507,654.00
HOURLY RATE:
$16.78
NUMBER OF HOURS:
9180
TOTAL ANNUAL AMOUNT:
$154,040.40
(2018-2019) YEAR 2:
$21.68
HOURLY RATE:
$18.55
NUMBER OF HOURS:
9180
TOTAL ANNUAL AMOUNT:
$170,289.00
(2019-2020) YEAR 3.-
:HOURLY
$23.50
HOURLYRATE:
$19.97
NUMBER OF HOURS:
9180
TOTAL ANNUAL AMOUNT:
$183,324.60
TOTAL 1-3 YEAR COST:
$507,654.00
OPTIONAL:
(2020-2021) YEAR 4:
HOURLY RATE:
$21.68
NUMBER OF HOURS:
9180
TOTAL ANNUAL AMOUNT:
$199,022.40
(2021-2022) YEAR 5:
HOURLY RATE:
$23.50
NUMBER OF HOURS:
9180
TOTALANNUALAMOUNT:
$215,730.00
irirrrirriirrrrrrrrrirrirrrrrrrrrrrirriiriirirrrrrrrrirriiri
TOTAL• . r
16-23
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
All City Management Services, Inc. Page C-1
16-24
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Aqreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
All City Management Services, Inc. Page C-2
16-25
Consultant of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Consultant maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Consultant. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
E. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non -Compliance. If Consultant or any subconsultant fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Consultant's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Consultant or reimbursed
by Consultant upon demand.
G. Timely Notice of Claims. Consultant shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Consultant's
performance under this Contract, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
All City Management Services, Inc. Page C-3
16-26