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HomeMy WebLinkAbout2002-09-09 City Council (3)City of PMo Alto C ty Manager’s Repor HONORABLE CITY COUNCIL FROM: DATE: CITY MANAGER SEPTEMBER 9, 2002 DEPARTMENT: CMR:373:02 POLICE SUBJECT:APPROVAL OF AWARD OF CONTRACT IN THE AMOUNT OF $197,133 TO ALL CITY MANAGEMENT SERVICES, INC. FOR ADULT CROSSING GUARD SERVICES AND AUTHORIZATION FOR CONTRACT EXTENSIONS FOR TWO ADDITIONAL YEARS RECOMMENDATIONS Staff recommends that Council: Approve and authorize the Mayor to execute the attached contract with All City Management Services, Inc. in the amount of $197,133 for adult crossing guard services. Authorize the City Manager or his designee to extend the contract for up to two additional years for an amount not to exceed $206,990 for the second year and $217,340 for the third year. BACKGROUND The City of Palo Alto is dedicated to ensuring the safety of children traveling to and from school. The Traffic Division in the Police Department was previously responsible for the hiring, training, supervision, scheduling and equipping the adult crossing guards. Because of the increase in the number of locations where crossing guards are needed and the amount of staff time required to handle all the associated responsibilities, together with the use of regular police officer as backfills, the management of the crossing guard program became increasingly time-consuming and labor-intensive for Police personnel. As a result, in August 1999, staff requested Council approval of a contract with All City Management Services to provide crossing guard services. The services included guard coverage at all the locations in addition to all the administrative tasks. CMR:373:02 Page J of 3 DISCUSSION All City Management Services has been responsible for the management of all crossing guard program functions during the regular school year and the summer session since August 1999. A~t that time, All City Management Services was Selected following a Request for Proposal (RFP) process (CMR:326:99) The company has provided adult crossing guard personnel, supervision and safety equipment, the operation of pedestrian signals, and has assumed responsibility for the safe crossing of school-aged pedestrians, at 20 designated school area crosswalks. Selection Process On June 25, 2002, staff sent RFPs to 14 firms. A three,week response time was provided. One vendor, All City Management Services, submitted a proposal. Staff determined that some of other vendors have gone out of business and the others are no longer providing crossing guard services. Staff found All City Management Services’ proposal met all the selection criteria. Staff has been satisfied with the three previous years of work performed by All City Management Services for crossing guard management. RESOURCE IMPACT Funds in the .amount of $197,133 were approved in the FY 2002-2003 Police Department budget. Funds for subsequent years in the amounts not to exceed $206,990 and $231,177 respectively will be included in the Police Department’s proposed budgets for FY 2002-05. POLICY IMPLICATIONS The provision of adult crossing guards is consistent with City policy. ENVIRONMENTAL ASSESSMENT This is not a project under the California.Environmental Quality Act (CEQA). CMR:373:02 Page 2 of 3 ATTACHMENTS Attachment A: CMR: 326:99 Attachment B: Contract Agreement PREPARED BY: DEPARTMENT HEAD: SERGIf!NT~- S~OTT WONG Traffic Team Supervisor Chief of Police CITY MANAGER APPROVAL: Assistant City Manager CMR:373 : 02 Page 3 of TO: FROM: DATE: SUBJECT: City of Palo Alto City Manager’s Report HONORABLE CITY COUNCIL CITY MANAGER AUGUST 2,, 1999 DEPARTMENT: POLICE CMR:326:99 AWARD OF CONTRACT IN THE AMOUNT OF $133,000 TO ALL CITY MANAGEMENT SERVICES, INCORPORATED FOR ADULT CROSSING GUARD SERVICES RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached contract with All City Management Services, Incorporated in the amount of $133,000 for adult crossing guard services. DISCUSSION Project Description The City is Committed to the safety of all children who attend school within Palo Alto. Currently, the City. employs 15 adult crossing guards who assist children who walk or ride their bicycles to school. During the last year, tlie Police Department hired two additional crossing guards for the new Hoover School on Charleston Road, which opened in September. Crossing guard locations are selected using criteria approved by the City Council. Criteria include numbers of children crossing, their ages, the volume of traffic and number of reported traffic collisions at the particular location. ¯ The P01ice.Department’s Traffic Division is responsible for hiring, staffing, training, equipping and supervising the crossing guards. Currently, crossing guards are hourly employees who do not receive benefits. The Police Department must staff Crossing guard posts when crossing guards are ill, fail to show up at work, or when vacancies occur, Most of the current crossing guards have been employed by the City for several years. However;they often call in sick, have doctors’ appointments, or other obligations that require .them to be absent Several requirements of the job make it difficult to fill vacancies, including the split shifts of morning and afternoon, CMR:326:99 Page 1 of 3 working outdoors in inclement weather, and the danger of directing traffic. As a result, it often takes a significant period of time to fill vacancies. ’ Parking Enforcement Officers, Community Service Officers or Patrol officers must be used when temporary vacancies need to be filled. One crossing guard location was staffed each morning by a Parking Enforcement Officer from September until February due to a vacancy and the difficulty 0f finding a qualified person. The coverage of the crossing guard locations takes these regular employees away from their normal duties for one to one and one-halfhouxs in both the morning and afternoon. With the addition of new crossing guards, as well as the ongoing difficulty in recruitment, scheduling and staffing, the adult crossing guard program is currently consuming approximately .35 FTE of staff’s time. Staff research indicates that a number of cities contract their adult crossing guard programs to private vendors that specialize in providing this service. As a result, staff distributed a. Request for Proposal (RFP) for adult crossing guard services. This includes coverage at the actual locations, as well as the administration of hiring, training and scheduling. Selection Process On June 14, 1999, staffsent RFPs to 14 firms. A three-week response time was provided. One vendor, All City Management Services, submitted a proposal. On July 7, 1999, staff clarified an issue that was raised about the RFP and redistributed the RFP. Once again, All City Management .Services was the only company to submit a proposal. Staff found the proposal to be satisfactory. Staff checked the company’s references for previous work performed and found no complaints. A partial list of cities currently using All.City Management Services for crossing guard management include Mountain View; Pittsburg, Pleasanton, Tracy, Dublin and Moraga. ~RESOURCE IMPACT Funds in the amount of $133,000 were approved in the FY 1999.-2000 Police Department’s ¯ budget for crossing guard services. In 1998-99, the department spent $97,139 in hourly salaries for crossing guard services and $36,!30 in regular staffing to recruit, staff and supervise the program. CMR:326:99 Page 2 of 3 POLICY IMPLICATIONS The provision of adult crossing guards is consistent with City policy. This report recommends a change from temporary City employe~s providing the service to having a private contractor provide, the service: ENVIRONMENTAL ASSESSMENT This is not a project under the’California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A:. Contract Agreement PREPARED BY: APPROVED BY: Sergeant Doug Kei~Traffic Supervisor PA~E’~,J~~lice CITY MANAGER APPROVAL: EMILY HARRISON, Assistant City Manager CMR:326:99 Page 3 of 3 AGREEMENT BETWEEN THE CITY OF PALO ALTO .AND ALL CITY MANAGEMENT SERVICES, INC. FOR SCHOOL CROSSING GUARD SERVICES THIS AGREEMENT is made and entered into this .day of , 1999, by and between the CITY OF PALO ALTO, a municipal corporation of California, hereinafter referred to as ~"CITY," and ALL CITY MANAGEMENT SERVICES, INC., a California corporation, hereinafter referred to as "CONTRACTOR"; WHEREAS,~ ~CITY desires to r~tain services to provide school crossing guard services for CITY;.and WHEREAS, CITY desires to .engage CONTRACTOR to provide these services by reason of its qualifications and experienc@ for performing suchservices, and CONTRACTOR. has offered to provide the required services onthe terms and in the manner set forth herein; NOW, THEREFORE, in consideration of covenants, the parties hereto agree as follows: their mutual SECTION 1 -PROJECT COORDINATION The City Manager shall be representative of CITY for all purposes under this Agreement. The Chief of Police or designee is designated as the PROJECT MANAGER for the city Manager and shall supervise the progress and execution of. this Agreement. 1.2 Contractor CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Baron Farwell .herebyis.designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the. PROJECT DIRECTOR designee shall be designated in written notice to CITY by CONTRACTOR and subject to .the prior written approval of the PROJECT MANAGER. ~ SECTION 2 -DUTIES OF CONTRACTOR 2.1 Services to be Furnished CONTRACTOR shall~ provide crossing guard services as set forth below: 990723 syn 0043795 1 2.1.1 " Upon request by .PROJECT MANAGER, CONTRACTOR shall test, interview, evaluate, and screen all applicants for crossing guard positions to insure they meet the requirements of the City Of Palo A!~o as specified herein. 2.1.2 CONTRACTOR shall provide Crossing guards in quantities and at locations and during time periods designated’ in writing by the PROJECT MANAGER, provided that the PROJECT MANAGER shall provide, this designation to CONTRACTOR no less ~than 14 calendar days prior to the commencement of the school year ~adopted by the Palo Alto Unified School District. During the schooL"’year, or during the summer recess following.the school year~ CONTRACTOR shall provide .additional crossing guards in quantities and at locations and during time periods designated in writing by the PROJECT MANAGER, provided that the PROJECT MANAGER shal’l provide this designation .upon no less than 14 calendar days prior notice. 2.1.3 CONTRACTOR shall maintain supervisory personnel adequate to monitor the performance of crossing guard services in accordance with the. requirements of this agreement. 2.1.4 CONTRACTOR shall maintain adequate reserve personnel to be able to provide an alternate crossing guard for any crossing guard who notifies CONTRACTOR at least one hour prior to the designated starting time that the crossing guard will not report for work at the assigned time and location. If a crossing guard fails to provide CONTRACTOR with at ~east one hour notice that the crossing guard.will not report for work at the assigned time and location, CONTRACTOR~will take all measures reasonably necessary.to provide an alternate crossing guard and to assure that crossing guard coverage is provided in the future without disruption and gaps in coverage. 2.1.5 CONTRACTOR and CITY agree that any and all crossing guards provided to CITY by CONTRACTOR under this Agreement shall be the employees of CONTRACTOR and not the emp!oyees of the City of Palo Alto. CONTRACTOR shall retain complete authority and responsibility in the selection, retention, compensation, and assignment of any and all crossing guards provided to CITY by CONTRACTOR. CONTRACTOR shall provide, at CONTRACTOR’s sole expense, all equipment, including without limitation signs., traffic vests, whistles and raincoats, reasonably necessary to assure that Crossing guards arc readily visible and easily recognizable as. crossing guards~ Crossing guard apparel shall be appropriate for weather conditions and shall be uniform in appearance¯ 2.2 Laws to be Observe~ CONTRACTOR shall: 2.2.1 Procure all permits and. licenses,, pay all charges and fees, and give all notices which may be necessary and 990723 syn 0043795 2 incldent to the due and lawful prosecution of the services to be performed by CONTRACTOR under. this. Agreement. 2.2.2 Keep itself fully informed of~all existing and future federal, .state~ and local laws, ordinances, regulations, orders, and decrees which may .affect those engaged or emp!oyed under this Agreement, anymaterials used in. CONTRACTOR’s perfor- mance under this Agreement~ or the conduct of the services under this Agreement. 2.2.3 At all times observe and.comply with, and cause ~all of its subcontractors andemployees, if. any, to observe and. c0mply with, all of said laws~ ordinances, regulations, orders and decrees mentioned above. 2.2.4 Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency ’it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any provisionof this Agreement. SECTION 3 -~COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITYshall pay CONTRACTOR as follows: 3.1 CITY shall Compensate CONTRACTOR according to the following schedule for all crossing guards actually provided by CONTRACTOR at the locations and times designated by the PROJECT. MANAGER: Pay step 1 pay step 2 Pay step 3 Pay step 4 Pay step 5 $12.59 per hour $12.59 per hour $13.26 per hour $14.02 per hour $14.~81 per hour These billing rates shall provide full and complete compensation to CONTRACTOR for all services provided under this agreement, including without limitation all wages and benefits provided to crossing guards, all supervisory and management services, all administrative and overhead services, and all insurance and workers compensation costs. 3.2 Total compensation provided by CITY to CONTRACTOR shall not exceed the amount of One Hundred Thirty Three Thousand Dollars ($133,000.00) during the initial term of ~this Agreement and shall not exceed that same amount in any additional year.extension of this Agreement provided for herein without.amendment of this Agreement. In the event that total compensation reaches this limit. during the term of this Agreement, CONTRACTOR shal! cease performance under thisAgreement unless and until compensation is aqgmented by amendment of this Agreement. 990723 syn 0043795 3 3.3 CONTRACTOR shall submit monthly invoices for crossing guard services provided in the prior month, detailing the exact hours provided by each crossing guard on each date during that prior month and detailing the pay stepand, total wages provided to each crossing guard during that period. Compensation shall be provided by CITY to CONTRACTORonly for~crossing ~guard services provided infull hour increments, so that no compensationshall beprovided for crossing guard services less ~han one .hour in length. 3.4.CONTRACTOR shall submit to CITY itemized invoices for crossing guard servicesprovided to CITY These invoices Shall have information deemed sufficient by the PROJECT~MANAGER or?his designee~and shall be paid within thirty (30) days of their receipt by CITY. .3.5 All compensation payable hereunder shall be subject to the appropriation of funds by CITY’s council for the applicable fiscal year during Which such temporary employment services are to be or are rendered. In the event funds are not appropriate~ for Services to be rendered in any fiscal year during.the term of this Agreement, this Agreement.shall be deemed terminated at the end of the fiscal year for which funds are’appropriated. No penalty shall accrue to CITY in the event this Agreement is terminated pursuant to the provisions ef this Subsection 4.3, and~CITY shall not be liable for any future payments due or for any damages as a result of the termination Of this Agreement pursuant hereto. SECTION 4 - TERM This Agreement shall commence on the date of execution stated in the preambl~ to this Agreement and shall continue in full force and effect for one calendar year thereafter or until terminated as provided herein. CITY may, at its sole option and upon thirty days prior written notice to CONTRACTOR, extend the’ term of this Agreement for up to two additional calendar year durations,~ provided that the compensation schedule stated in this Agreement shall be adjusted to reflect compensation at 135% of the actual pay step schedule for crossing guards, in effect at the commencement of the additional extension and documented by CONTRACTOR in a form acceptable to the PROJECT MANAGER. SECTION 5 -TEMPORARY SUSPENSION The City Manager shall have the authority to suspend this Agreement, wholly or in part, for. such. period as he deems necessary~ due to unfavorable conditions or due to the failure on the part of the CONTRACTOR to perform any provision of this. Agreement. SECTION6 -SUSPENSION; TERMINATION 6.1 Right to Suspend or Terminate 990723 syn 0043795 4 The City Manager may suspend or terminate this Agreement for any reason by giving thirty (30) days’ written notice to CONTRACTOR. Upon receipt of such notice, CONTRACTOR shall immediately.discontinue performance under this. Agreement. 6.2 .P_aymentupon Sus ep_9~sion or Termination. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to.ciTY to thedate of such .suspension or termination; provided, however, if this Agreement is suspended or terminated for ~fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR onlly for that portion of CONTRACTOR’s services Which are of benefit to CITY. SECTION 7 , ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES.. 7.1 Ass~ent Both pa~ties shall give their personal attention to the faithful performance of this Agreement and shall not assign, transfer, convey, or otherwise dispose Of this Agreement or any right, title.or interest in or to the same or any part thereof without the prior wgitten consent of the other party, and then only subject to such terms and conditions as the other pa~ty may require. A consent to one assignment shall not be deemed to be a consent to anysubsequent assignments. Any assignment without such approval shall be void and; at theoption of the other party,shall terminate this Agreement and any license or privilege granted herein. This Agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. 7.2 Subcontractors; Employees CONTRACTOR shall be responsible, for employing or engaging~ all persons necessary to perform the services of CONTRACTOR hereunder. No. subcontractor of CONTRACTOR wil! be recognized by CITY as such; rather, all subcontractors are deemed to be employees of CONTRACTOR, and it agrees to be responsible for their.perform- ance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this Agreement by all of .its emp!oyees and subcontractors, if any, and shal! keep the work under its control. If any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately from the.work under this Agreement on demand of the PROJECT MANAGER. SECTION 8- NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:office of the City Clerk 990723 syn 0043795 To CITY:office of the City Clerk CITY OF PALO ALTO P.O. Box 10250 Palo Alto, CA .94303 TO CONTRACTOR:¯ Attention of the’PROJECT DIRECTOR ALL CITY MANAGEMENT SERVICES,~ INC. 1749 South La Cienega Boulevard Los Angeles, California 90035 Notices of changes .of. address during the term of this Agreement shall be provided in writing. SECTION 9 -INTEREST OF CONTRACTOR In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance<of the services.here- under. CONTRACTOR further covenants that, in the performance .of this Agreement, no subcontractor or person having such an~interest shall be employed. CONTP~ACTOR certifies that no one who has or ¯ will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that in the perform- ance .of the professional services required under this Agreement CON.TRACTOR, and any of its subconsultants or employees, shall at all times be considered independent contractors and not agents or employees of CITY. SECTION I0 AUDITS CONTRACTOR agrees to permit CITY to audit, at any reasonable time, CONTRACTOR’s records pertaining to matters covered by this agreement. SECTION II -INDEMNIT~ CONTRACTOR .agrees to indemnify, defend and hold harmless CITY, its officers, agents and employees from any and all demands, claims, or liability of any nature, caused by or arising out of CONTRACTOR’s, its officers’, agents’, SUBCONTRACTORS’ or employees’ .negligent acts, errors, or omissions, or willful misconduct, or conduct forwhich the law imposes strict liability on CONTRACTOR in the perf0rmance.or failure toPerform this~Agreement- SECTION 12 ’- WORKERS’ COMPENSATION CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Codeof the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and certifies that it wil! comply with such provisions before commencing the perform- ance of the work of this Agreement. 990723 syn 13043795 SECTION.13 °- INSLrRANCE CONTRACTOR, at its sole cost aid expense, shall obtain and maintain in full force and effect throughout the entire term of thisAgreement the insurance coverage described inthe attachment to this Agreement, insUring not only CONTRACTOR, but also (with the exception .of workers’ compensation, and~ employer’s liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this Agreement. .certificates of such insurance,, preferabiy on the forms provided by CITY, shall be filed.with CITY concurrently with the execution of this Agreement or, with CITY’s approval, within ten (i0) working days thereafter. Said certificates shall be subject to the approval of the Cfty Attorney and shall contain an endorse- ment stating that said insurance is primary coverage and will not be cancelled.or altered by the insurer except after filing with the City Clerk thirty (30) days’ written notice of such cancellation or alteration, and that .the City of Palo Alto is named as an additional insured (except on policies of professional liability insurance.) Current certificates bf such insurance shall be kept on file at all times during the term of this Agreement with the city Clerk. SECTION 14 AGREEMENT BINDING The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs~, successors, executors, administrators, assigns, and subcontractors of both parties. SECTION ] 5 -WAIVERS The waiver by either party of any breach or violation of any term, covenant,or condition of this Agreement’or of any provision, ordinance,or law shall not be .deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. SECTION 16 -COSTS AND ATTORNEYS’ FEES The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this¯ Agreem4nt may recover its .reasonable costs and attorney fees expended in connection with such an action from the other party. 990723 syn 0(~.3795 . SECTION 17 °-NO IMPLIED WAIVER No payment,partial payment, acceptance, or partial acceptance by CITY shall operate as a waiver on.the part of CITY of any of its rights under this Agreement. .SECTION 18 -NONDISCRIMINATION; PENALTY 18.1 DUTY OF CONTRACTOR No discrimination shall be made in the employment of persons under this Aggeement because of the race, color, national origin, ancestry, religion or sex of such person. If the’value of thisAgreement is, or may be, Five Thousand Dollars ($5.,000) or more, CONTRACTOR agrees to met all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment and to complete and submit the ,,Compliance Report--Nondiscrimination Provisions.of Cfty of Palo Alto Contracts" on the form furnished by CITY and attached hereto and incorporated herefn by referencg.. 18.2 PENALTY FOR DISCRIMINATION If CONTRACTOR is found inviolation of the nondiscrimina- tion progisions of .the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-Five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for ~said breach of contract, or both. Only a finding of the State of California Fair Emp!oyment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this section. If CONTRACTOR is found in violation o[ the nondis- crimination provisions of this Agreement or the .applicable affirmative action guidelines pertaining to this Agreement,. CONTRACTOR shall be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of TWO Hundred Fifty Dollars ($250)¯ for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said~breach of contract, or both. SECTION 19 - INTEGRATED AGREEMENT; AMENDMENT This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, 990723 syn 0043795 signed by both CIT< and CONTRACTOR. ~AII provisions of this Agreement are expressly made conditions. SECTION 20 -GOVERNING LAW This Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST:CITY OF PALO ALTO. City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney APPROVED: Assistant City Manager Director of Administrative Services Police Chief Risk Manager Mayor ALL CITY MANAGEMENT SERVICES, INC e~ By: Nam (Compliance’with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Attachments: EXHIBIT "A": Non-Discrimination Compliance Report EXHIBIT ,,B,,: .Certificate¯of Insurance 990723 syn 0043795 9 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF CALIFORNIA COUNTY OF LOS ANGELES On July 27 , 1999, before met the undersigned, a Notary Public in and for said County and State, personally appeared BARON FARWELL , personally known to me or proved.to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity,(ies), ,and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execute~, the .instrument. WITNESS my hand and official seal. S i~na~r P lic 990723 syn 0043795 10 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF CALIFORNIA COUNTY QF LOS ANGELES On July. 27 , 1999, before me, the undersigned, a Notary Public in and for said County and Stat.e, °personally appeared RONALD G. FARWELL , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the~within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacLty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persQn(s) acted, execute~ .the instrument. WITNESS my hand and official seal. 990723 syn 0043795 11 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND ALL CITY MANAGEMENT SERVICES, INC.FOR SCHOOL CROSSING GUARD SERVICES THIS AGREEFIENT is made and entered into this day of 2002, by and between the CITY OF PALO ALTO, a municipal corporation of California, hereinafter referred to as ~CITY," and ALL CITY MANAGEMENT SERVICES, INC., a California corporation, hereinafter referred to as "CONTRACTOR"; W I T N E S S E T H: WHEREAS, CITY desires to retain services to provide school crossing guard services for CITY; and WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth Herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: SECTION 1 -PROJECT COORDINATION i.i City The City Manager shall be representative of CITY for all -purposes under this Agreement. The Chief of Pol±ce or designee is designated as the PROJECT MANAGER for the City Manager and shall supervise the progress and execution of this Agreement. 1.2 Contractor CONTRACTOR shall asslgn a single PROJECT DIRECTOR to have overall responsibility for the progress and executlon of this Agreement for CONTRACTOR. Baron Farwell hereby is designated as the PROJECT DIRECTOR for CONTRACTOR. Should clrcumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee ’shall be designated in written notice to CITY by CONTRACTOR and subject to the prior written approva! of the PROJECT. MANAGER. 020814 cl 0044173 SECTION 2 - DUTIES OF CONTRACTOR 2.1 Services to be Furnished CONTRACTOR shall provide crossing guard services as set forth below: 2.1.i Upon request by PROJECT MANAGER, CONTRACTOR shall test, interview, evaluate, and screen all applicants for crossing guard positions~ to insure they meet the requirements of the City of Palo Alto as specified herein. 2.1.2 CONTRACTOR shall provide crossing guards in quantities and at !ocations and during time periods designated in writing by the PROJECT MANAGER, provided that the PROJECT MANAGER shall provide this designation to CONTRACTOR no hess than 14 calendar days prior to the commencement .of the school year adopted by the Palo Alto Unified School District. During ~he school year, or during the summer recess following the school year, CONTRACTOR shall provide additional crossing guards in quantities and at locations and during time periods designated in writing by the PROJECT MANAGER, provided that the PROJECT MANAGER shall provide this designationupon no less than 14 calendar days prior notlce. 2.1.3 CONTRACTOR shall maintaln supervisory personnel .adequate to monitor the performance of crossing guard servlces in accordance with the requirements of this agreement. 2.1.4 CONTRACTOR shall maintain adequate reserve personnel to be able to provide an alternate crossing guard for any crossing guard who notifies CONTRACTOR at least one hour prior to the designated starting time that the crosslng guard will not report for work at the assigned time and location. If a crossing guard fails to provide CONTRACTOR with at least one hour notice that the crossing guard will not report for work at the assigned time and location, CONTRACTOR will take all measures reasonably necessary to provide an alternate crossing guard and to assure that crossing guard coverage is provided in the future without disruption and gaps in coverage. 2.1.5 CONTRACTOR and CITY agree that any and all crossing guards provided to CITY by CONTRACTOR under this Agreement shall be the employees of CONTRACTOR and not the employees of the City of Palo Alto. CONTRACTOR shall retain complete authority and responsibility in the selection, retention, compensation, and assignment of any and all crossing guards provided to CITY by CONTRACTOR.CONTRACTOR shall provide, at CONTRACTOR’s sole expense, all equlpment, including without limitation signs, traffic vests, whistles and raincoats, reasonably necessary to assure that crossing guards are readily visible and easily recognlzable as crossing guards. Crossing guard apparel 020814 cl 00~173 2 shall be appropriate for weather conditions and shall be uniform in appearance. 2.2 Laws to be Observed CONTRACTOR shall: 2.2.1 Procure all permits and licenses, pay all charges and fees, and give al! notices which may be necessary and incident to the due and lawful prosecution of the servlces to be performed by CONTRACTOR under this Agreement. 2.2.2 Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in CONTRACTOR’s performance under this Agreement, or the conduct of the services under this Agreement. 2.2.3 At all times observe and comply with, and cause all of its subcontractors and employees, if any, t6 observe and comply with, all of said laws, ordinances, regulations, orders and decrees mentioned above. 2.2.4 Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any provision of this Agreement. SECTION 3 COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: 3.1 CITY shall compensate CONTRACTOR according to the following schedule for all crossing guards actually provided by CONTRACTOR at the locations and times designated by the PROJECT MANAGER: Pay step i: Pay step 5: $13.49 per hour $14.81 per hour These billing rates shall provide full and complete compensation to CONTRACTOR for all services provided Under this agreement, including without limitation all wages and benefits provided to crossing guards, all supervisory and management services, all administrative and overhead services, and all insurance and workers compensation costs. 3.2 Total compensation provided by CITY to CONTRACTOR shall not exceed the amount of One Hundred Ninety Seven Thousand One Hundred Thirty Three Dollars ($197,133.00) during the initial 020814 cl 00~173 3 term of this Agreement and shall not exceed that same amountin any additional year extension of ~this Agreement provided for herein without amendment of~ this Agreement. In the event that total. compensation reaches this limit during the term of this Agreement, CONTRACTOR~ shall cease performance under this Agreement unless and until compensation is augmented by amendment of this Agreement. 3.3 -CONTRACTOR shall submit monthly invoices for crossing guard services provided in the prior month, detailing the exact hours provided by each crossing guard on each date during Zhat prior month and detailing the~ pay step and total wages provided to each crossing guard during that period. Compensation shall be provided by CITY to CONTRACTOR only for crossing guard services provided in full hour increments, so that no compensation shail be provided for Crossing guard services less than one hour in length. ~ 3.4CONTRACTOR shall submit to CITY itemized invoices for crossing guard services provided to CITY. These invoices shall have information deemed sufficient by the PROJECT MANAGER or his designee and shall be paid within thirty (30) days of their receipt by CITY. 3.5’ All compensation payablehereunder shall be subject to the appropriation of funds by CITY’s Council for the applicable fiscal year during which such~temporary employment services are to be or are rendered. In the event funds are not appropriated for services to be rendered in any fiscal year during the term of~this Agreement, this Agreement shall be deemed terminated at the end of the fisca! year for which funds are appropriated. No penalty shall accrue to CITY in the event this Agreement isterminated pursuant to the provisions of this Subsehtion 4.3, and CITY shall not be liable for any future payments due or for any damages as a result of the termination of this Agreement pursuant hereto. SECTION 4 -TERM. This Agreement shall commence on the date of execution stated in the preamble to this Agreement.and shall continue.in full ~force and effect for one calendar year thereafter or until terminated as provided herein. CITY, acting by and through its City Manager, may, at its sole option and upon. thirty.days prior written notice to CONTRACTOR, extend the term of this Agreement for up to two.additional calendar year durations, provided that the compensation schedule stated~in this Agreement shall be adjusted to reflect compensation at 130%~of the actual pay step schedule or the percentage of the CPI (Consumer Price Index), whichever is greater. Billing rate adjustments shall only be made at the beginning of each contract extension for crossing guards in effect at the commencement of the additional extension and. documented by CONTRACTOR in a form acceptable to the PROJECT MANAGER. 020814 cl 0044173 4 SECTION 5 -TEMPORARY SUSPENSION ~he City Manager shall have the authority to suspend this Agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or due to the failure on the part of the CONTRACTOR to perform any provision of this Agreement. SECTION 6 SUSPENSION; TERMINATION 6.1 Right to Suspend or Terminate The City Manager may suspend or terminate this Agreement for any reason by giving thirty (30) days’ written notice to CONTRACTOR. Upon recelpt of such notice, CONTRACTOR shall immediately discontinue performance under this Agreement. 6.2 Payment upon Suspension or Termination Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspenslon or termination; provided, however, if this Agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR’s services which are of benefit to CITY. SECTION 7 -ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES. 7.1 Assignment Both parties shall give their personalattention to the faithfu! performance of this Agreement and shall not assign, transfer, convey, or otherwise dispose of this Agreement or any right, title or interest in or to the same or any part thereof without the prior written consentof the other party, and then only subject to such terms and conditions, as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignments. Any assignment without such approva! shall be void and, atthe option of the other party, shall terminate this Agreement and any lic.ense or privilege granted herein. This Agreement. and any interest~ herein Shall not be assignable by operation of l.aw without the prior written consent of the other party. ~7.2 Subcontractors; Employees CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform ~the services~ of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be recognized by CITY as such; rather, all subcontractors are deemed to be employees of CONTRACTOR, and it agrees to be responsible for their performance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its 020814 cl 0044173 employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this Agreemenz or appears to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately from the work under this Agreement on demand of the PROJECT MANAGER. SECTION 8 -NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY:Office of the City Clerk CITY OF PALO ALTO P.O. Box 10250 Palo Alto, CA 94303 To CONTRACTOR: Atzention of the PROJECT DIRECTOR ALL CITY MANAGEMENT SERVICES, INC. 1749 South La Cienega Boulevard Los Angeles, California 90035 Notices of changes of address during the term of this Agreement shall be provided in writing. SECTION 9 -INTEREST OF CONTRACTOR In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the servlces here- under. CONTRACTOR further covenants that, in the performance of this Agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that in the perform- ance of the professional services required under this Agreement CONTRACTOR, and any of its subconsultants or employees, shall at all times be considered independen5 contractorsand not agents or employees of CITY. SECTION i0 -AUDITS CONTRACTOR agrees to permit CITY to audit, at any reasonable time, CONTRACTOR’s records pertaining to matters covered by this agreement. SECTION ii -INDEMNITY CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, agenzs and employees from any and all demands, claims, or liability of any nature, caused by or arislng ouz of CONTRACTOR’s, its officers’, agents’, SUBCONTRACTORS’ or employees’ negligent acts, errors, or ommssions, or willful .misconduct, or 020814 cl 00~173 6 conduct for which the law imposes strict liability on CONTRACTOR in the performance or failure to perform this Agreement. SECTION 12 -WORKERS’ COMPENSATION cONTRACTOR, by executing thisAgreement, certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertakeself-insurance in accordance with the provisions of that Code, and certifies that it will comply with~ such provisions before commencing the performance of the work of this Agreement. ~ SECTION 13 -INSURANCE CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect.throughout the entire term of this Agreement the insurance Coverage described in the attachment to this Agreement, insuring not only CONTRACTOR, but also (with the exceptlon of workers’ compensation and employer’s liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this Agreemenz. Certificates of such insurahce, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this Agreement or, with CITY’s approval, within ten (I0) working days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said xnsurance is primary coverage and Will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days’ written notice of such cancellation or alteration, and that the Gity of Palo Alto is named as an additional insured (except on policies of professional liability insurance.) Current certificates of such insurance shall be kept on file at all times during the term of this Agreemenm with the City Clerk. SECTION 14 -AGREEMENT BINDING The terms,covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, suc.cessors, executors, administrators, assigns, and subcontractors of both parties. SECTION 15 - WAIVERS The waiver by either party of any breach or vlolation of any term,~ covenant, or condition of this Agreement or of any provislon, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due 020814 cl 0044173 7 hereunder by the other party of any term, covenant, or.condition of this Agreement ~r. of any applicable law or ordinance. SECTION 16 -COSTS AND ATTORNEYS’ FEES The prevailing party in any action brought to-enforce the terms of Zhis Agreement or arising out of this Agreement may recover its reasonable costs and attorney fees expended in connection with such an action from the other pariy. SECTION 17 - NO IMPLIED WAIVER No payment, partial, payment, acceptance, or. partial acceptance by CITY shall operate as a waiver on the part of CITY of any of its ri~ghts underthis Agreement. SECTION 18 -NONDISCRIMINATION; PENALTY 18.1 DUTY OF CONTRACTOR No discrimination shall be made in the employment of persons under this .Agreement because of the race, color, national origin, ancestry, religion or sex of such person. If the value of this Agreement is, or may be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to met all requirements of the PaioAltO Municipal Code pertaining to nondiscrimination in employment and to complete and sUbmit the ~Compliance Report--Nondiscrimination Provisions of City of Palo Alto Contracts" on the form furnished by CITY and attached hereto and incorporated herein by reference. 18.2 PENALTY FOR DISCRIMINATION If CONTRACTOR is found, in Violation of the nondiscriminat}on provfsions of the State of California Fair Employment Practices Act or similar provisions of federal l~w or executive order, in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY shall have the power to cgncel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-Five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both.~ Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal ~gency or officer .shall constitute evidence of a violation of contract under this section. If CONTRACTOR is. found in violation of the nondiscrimination provisions of this Agreement or the applicabl~ affirmative action guidelines pertaining to this Agreement, CONTRACTOR shall be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole, or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been ,020814 cl 0044173 in such noncompliance as damages for said breach of con.tract, or both. SECTION 19 -INTEGRATEDAGREEMENT; AMENDMENT This~ document represents .the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral. This document may be amended only by written instrument, signed by both~ CITY and CONTRACTOR. All provisions of this Agreement are expressly made conditions. SECTION 20 - GOVERNING LAW This A~reement shall be governed by the laws of the State of California. IN WITNESSWHEREOF, the parties hereto have executed th£s Agreement the day and year first above written. ATTEST:CITY ~OF PALO ALTO City Clerk APPROVED AS TO FORM: Mayor Senior Asst. City Attorney APPROVED: ALL CITY MANAGEMENT SERVICES INC. Assistant City Manager Name: BARON Director of Administrative Services Police Chief Title: GENERAL MANAGER Date’ AUGUST 21, 2002 By: Name: Risk Manager Title: (Compliance with Corp. Code 9 313 ms required if the entity on whose .behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to~ the signatory authority of the individuals signing in their respective capacities is acceptable) Attachments : EXHIBIT "A" : Non-Discrimination Compliance Report EXHIBIT "B"i Certifi~cate of Insurance 020814 cl 0044173 CERTIFICATE OF ACKNOWLEDGMENT (Civil-Code § 1189) STATE OF CALIFORNIA COUNTY OF LOS ANGELES On Auqust 22 , 2002, before me, the undersigned, a Notary Public in and f.or~said County and State, personally appeared BARON FARWELL ¯ , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized ca~acity(ies), and~that by his/her/their signature(s) on the instrument the.person(s), or the entity upon behalf of which the person(s) actedi executed the instrument. WITNESS my hand and official seal. COMM. #1240202 Notary Public-California ~r~ LOS ANGELES COUNTY Lic 020814 cl 0044173 CERTIFICATION OF NONDISCRIMINATION ¯ Certification. of Nondiscrimination As suppliers of goods or services to the City of Palo Alto, the firm and individuals listed below hereby certify: ,, a)that they are currently in compliance with all federal and state of Califorrlia laws .Cov.ering nondiscrimination in employment; and that, if awarded the contract, the proposer will not discriminate in employment of any person .under the contract because of.race, color, national origin or ancestry, religion, disability, gender or marital status of such person. THE INFORMATION HEREINIIS CERTIFIED CORRECT BY SIGNATURE(S) BELOW. Firm: Signature: Name: Signature: Name: Note: ALL CITY MA~EMENT SERVICES, INC. (PRINT OR TYPE NAME) ’RON~LD FARWELL (PRINT OR TYPE NAME) Califomia CorporationsCode Section 313 requires two corporate officers to execute contracts. : ’;The signatut~e of First Officer*must be one of the foflowing: Chairman of the Board; President; or Vice President. **The signature of the Second Officer** must be one of the following: Secretary; Assistant Secretary; Chief Financial Officer; ot~ Assistant Treasurer. (In the alternative, a certified corporate resolution attesting to the signatocy. authority of.the individuals signing in their respective capacities is .acceptable) CITY OF PALO ALTO RFP NO 14.4933 ., Exhibit PAGE 1 OF1 PART II = INSURANCE REQUIREMENTS FORM 650 I. " CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW," AFFORDED BY COMPANIES WITH .A BEST’S KEY RATING OF A:VII, OR HIGHER, LICENSED TOTRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AW._._ARD IS CONTINGENT ON COMPLIANCE WITH. CITY’S INSURANCE REQUIREMENTS, As SPECIFIED, BELOW: MINIMUM LIMITS F~EQUIRED YES .. YES " YES. TYPE OF COVERAGE WORKER’S COMPENSATION AUTOMOBILE LIABILITY COMPREHENSIVE GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND. FIRE LEGAL LIABILITY YES COMPREHENSIVEAUTOMOBILE L AB LITY, INCLUDING, OWNED, HIRED, NON-OWN.ED REQUIREMENT STATUTORY ’ STATUTOP~Y BOI~ILY INJURY. PROPERTY DAMAGE BODILY INJURY,& PROPERTY DAMAGE. COMBINED. BODILY INJURY EACH PERSON EACH OCCURRENCE PROPERTY DAMAGE BODILY IN3URY AND PROPERTY DAMAGE, COMBINED ¯ EACH OCCURRENCE $1,000,000 $1,000,000 $1,000,0b0 $I,000~0£0 $I,0001000 $1,000,OO0 $1,000,000 $1,000,~00 AGGREGATE $1,000,000 $1,000,000 $1,ooo,oo0 81,ooo,oo0 $1’,000,000 $I,000,000 $1,ooo,0oo $1,000,000 PROFESSIONAL LIABILITY, NO !NCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN. APPLICABLE), AND NEGLIGENT PERFORMANCE’ALL DAMAGES ’"$1,000,000 YES THE CITY OF PALO ALTO IS TO BE NAMI~D AS AN ADDITIONAL INSURED: BIDDER, AT ITS SOLE COS~ AND EXPENSE, SHALL OBT/~IN AND MAINTAIN,’IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT" AGREEMENT, THE’ INSUIRANCE COVERAGE HEREIN DESCRIBED,INSURING NOT ONLY BIDDER AND ITS SUBCONTRACTORS, IF ANY,. BUT ALSO, .WITH THE .EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY’ AND PROFESSIONAL INSURANCE,’NAMING AS ADDITIONAL INSURES CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. II, INSURANCE COVERAGE MUST INCLUDE: A."A PI~OVISION FQR.A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE IN cOVERAGE.OR OF COVERAGE CANCELLATION; AND B..A CONTRACTUAL LIABILITY ENDORSEMEI~T PROVIDING 1N,SURANCE COVERAGE FOR.CONTRA~;TOR’S . AGREEMENT TO INDEMNIFY CITY. .. SUBMIT CERTIFICATE(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE, OR COMPLE]:E THIS SECTION AND IV THROUGH VI, BE.LOW. A.’ NAME AND ADDRESS OF COMPANY AFFORDING COVERAGE ~’NOT AGENT OR BROKER): .. LIABILITY INSURANCE ~- ADMIRAL . ,WORKERS’COMPENSATION INSURANCE - NATIONAL FIRE INSURANCE COMPANY B.NAME, ADDRESS, AND PHONE NUMBER OF YOUR INSURANCE AGENT/BROKER: SCOTT CURRY -ISU CURRY INSURANCE AGENCY - POLICY NUMBER(S): AOIAGII534 ’ WC249i.89627 (626) 449-3870 489 Eo COLORAD0.BLVD. P~SADENA, C~ 91101 CITY OF PALO ALTO RFP NO. 144£33 PAGE t OF 2 Exhibit ’~B". PART I!- INSURANCE REQUIREMENTS D.DEDUCTIBLE AMOUNT(S), (DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 APPROVAL): ¯ FORM 6S0 REQUIRE CITY’S PRIOR II1. IV. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AND BIDDER’SSUBMIq-I’AL ’ OF CERTIFICATES OF INSURANCE EVIDENCING COMPLIANCE WITH .THE REQUIREMENTS SPECIFIED HEREIN. ENDOR~SEMENT PROVI~SIO.NS, WITH RESPECT TO THE INSURANCE AFFORDED TO "ADDITIONAL INSURES" .A.PRI MARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARYAND IS NOT ADDITIONAL TO OR CONTRIBUTINGWITH ANYOTHER INSURANCE’ CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSURES. CROSS LIABILITY Co "~HE NAMING OF MORE THAN ONE PERSONI FIRM; OR CORPORATION AS INSURES UDNER TI~E POLICY SHALL NOT, FOR THAT RF--~SON ALONE, EXTINGUISH ANY RIGHTS OF THE INSUREEJ AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING:OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS PQLICY.., ’.. NOTICE OF CANCELLATION IF. THE POLICY I$ CANCELED BEFORE’ ITS EXPIRATION DATE FOR ANY REASON OTHER THAN 1"HE NON-PAYMENT OF PREMIUM, THE.ISSUING COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. "’ IF THE POLICY IS CANCELED BEFORE ITS EXPIRATIONDATE FOR THE NoN-PAYMENT OF. PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CI-IY" AT LEAST A TEN (10) DAY WRI’I3-EN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. PROPOSEI~ CERTI .FIES THAT PROPOSER’S iNSURANCE COVERAGE MEETS THE ABOVE REQUIREMENTS: .TJ-IE~ INFORIVlAT~oN HERE~IN IS CERTiFiED CORRECT BY SIGNATURE(S) BELOW, SIGNATURE(S) MUST BE SANIE SIGNATURE(S) AS APPEAR(S) ON SECTION 300A. Firm: signature: Name: ’ Signature: Name:RONALD _ ~ARWELL (P.rint or type name) INC. NOTICES SHALL BE MNLED TO: PURCHASING AND CONTRACT ADB/I~NISTRATION CiTY OF PALO ALTO P.O, BOX 10250 PALO ALTO, CA ~}4303~ C’-~TY OF PAL0 ALTO RFP NO. 144933 PAGE 2 OF 2