R-61-24 Approving Crossing Guard Services AgreementVILLAGE OF
TEMONT
418 Main Street ( Lemont, IL 60439
TO: Village Board Meeting
FROM: Stacy Patrianakos, Administration
THROUGH:
SUBJECT: Resolution Approving Crossing Guard Services Agreement
DATE: August 12, 2024
SUMMARY/BACKGROUND
The Village currently employs three part-time crossing guards who collectively work
approximately 520 hours annually. While they have been an asset to our community, the
Village recommends outsourcing this function to Crossing Guard Services (CGS).
Outsourcing the crossing guard positions can offer several benefits to the Village.
ANALYSIS
Outsourcing the crossing guard positions will offer the Village cost efficiency. Currently, the
Village incurs an annual payroll cost of approximately $8,500.00 for three part-time crossing
guards. However, this figure does not account for the additional expenses associated with
recruitment, replacement, mandatory trainings, equipment, etc. On the other hand, the
approximate cost of outsourcing the crossing guard to CGS is $12,000.00 annually which
covers all expenses. This presents a clear advantage in terms of cost savings.
Transitioning to outsourcing will not impact current employees as CSG will ensure that all
current crossing guards in good standing are offered the same positions, provided they meet
all necessary hiring requirements. Employees will immediately have access to CSG expertise
and extensive training programs.
CGS guarantees that these positions will be filled, especially at times of unexpected
absences. CGS can adjust staffing levels based on school schedules, traffic patterns, or any
other needs.
Another key benefit of outsourcing crossing guards is the liability management that comes
with it. CGS carries their own insurance and assumes liability for any incidents that occur
while their guards are on duty. This reduces the legal and financial risks for the Village.
Outsourcing the crossing guard function will provide the Village, specifically the Police
Department with administrative relief as CSG will assume the responsibilities of hiring,
training, scheduling, and daily management of all crossing guards.
Consistency with Village Policy
Budget (if applicable)
STAFF RECOMMENDATION
Approval of Resolution
BOARD ACTION REQUESTED
Approval of Resolution
ATTACHMENTS
RESOLUTION NO.
A Resolution Approving a Proposal for Crossing Guard Services LLC.
WHEREAS, the Village of Lemont ("Village") conducted a search for Crossing Guard
outsourcing services; and
WHEREAS, after an extensive search the Village determined that Crossing Guard
Services LLC was the sole source vendor in the area and
WHEREAS, after through review of proposal and review of references, Village staff
has recommended awarding Crossing Guard Services LLC and
WHEREAS, upon receipt and review of said proposal, the President and Board of
Trustees have determined that it is advisable, necessary and in the best interests of the
Village to accept the proposal from Crossing Guard Services LLC.
NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE PRESIDENT AND VILLAGE BOARD
OF TRUSTEE OF THE VILLAGE OF LEMONT, COOK, WILL AND DUPAGE COUNTIES AS
FOLLOWS:
Section One: The Agreement attached hereto as Exhibit A is hereby approved.
Section Two: The Village Administrator is authorized to accept the proposal from
Crossing Guard Services LLC attached hereto as Exhibit A, to make minor changes to the
document prior to execution that do not materially alter the Village's obligations and to take
any other steps necessary to carry out this Resolution.
Section Three: This Resolution shall be in full force and effect from and after its
passage and approval as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS on this 22"'d day of,^
2024. 11- ''Aajit'�
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES:
Janette Kittridge V
Dave Maher ✓
Ken McClafferty I
Kevin Shaughnessy
Rick Sniegowski
Ron Stapleton
JOH GOFSKE
President
ATTEST:
CHARLENE M. SMOLL N
Village Clerk
G� 0 F le
StAL
/Z L 114 o%'o
NAYS: ABSENT:
ABSTAIN
Crossing Guard
SERVICES
AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the "Agreement") is dated
- i _ .4-: , 2024 and is between the VILLAGE OF LEMONT (hereinafter called the
"Village"), and CROSSING GUARD SERVICES LLC, a Connecticut company (hereinafter called the
"Contractor").
WITNESSETH
The parties hereto have mutually covenanted and agreed as follows:
1. This Agreement is for a term which commences on or about , 202_ and ends
on , 202_ and for such term thereafter as the parties may agree upon.
2. The Contractor will provide personnel equipped and trained in appropriate procedures for
crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a
"Crossing Guard". Contractor will perform criminal background checks, physical examination,
drug screens and confirm employment eligibility through E- Verify on all prospective personnel.
The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall
at all times be its employees and not those of the Village.
3. The Village's representative in dealing with the Contractor shall be designated by Village of
Lemont.
4. The Village shall determine the locations where Crossing Guards shall be furnished by the
Contractor. The Contractor shall provide at each designated location personnel properly trained
as herein specified for the performance of duties as a Crossing Guard. The Contractor shall
provide supervisory personnel to see that Crossing Guard activities are taking place at the
required places and times, and in accordance with the terms of this Agreement.
5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate
Crossing Guards in the event that any person fails to report for work at the assigned time and
location and agrees to provide immediate replacement.
6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct
themselves in accordance with the conditions of this Agreement and all applicable laws of the
state in which the Services are to be performed.
7. The Contractor shall only appoint/hire any individual as a school crossing guard, who at a
minimum:
a. Is a citizen and resident of this State;
b. Is sound in body and of good health;
c. Is of good moral character; and
d. Has not been convicted of any criminal offense involving moral turpitude.
8. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of
the state in which the Services are to be performed pertaining to general pedestrian safety in
school crossing areas. Such training shall consist of classroom instruction which shall include
information on methods of traffic control and the duties and responsibilities of adult school
crossing guards and field training in which the trainee shall be supervised by an experienced
adult school crossing guard.
9. Crossing Guard Services (the "Services") shall be provided by the Contractor at the designated
locations on all days in which school is in session in the area under Village's jurisdiction as well
as any requested special events throughout the year. The Contractor also agrees to maintain
communication with the Village's representative to maintain proper scheduling.
10. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible
and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons
performing the duties of Crossing Guards and shall be worn at all times while performing said
duties. This apparel must be appropriate for weather conditions. The Contractor shall also
provide all Crossing Guards with hand held Stop signs and any other safety equipment which
may be necessary.
11. The Contractor shall at all times provide workers' compensation insurance covering its
employees and shall provide and maintain liability insurance for Crossing Guard activities. The
Contractor will provide to the Village a Certificate of Insurance naming the Village and its officials,
officers and employees as additional insureds. Such insurance shall include commercial general
liability with a combined single limit of not less than $1,000,000.00 per occurrence and in
aggregate for property damage and bodily injury. Such insurance shall be primary with respect
to any insurance maintained by the Village and shall not call on the Village's insurance
contributions. Such insurance shall be endorsed for contractual liability and personal injury and
shall include the Village, its officers, agents and interest of the Village. Such insurance shall not
be canceled, reduced in coverage or limits or non -renewed except after thirty (30) days written
notice has been given to the Village.
12. Contractor agrees to defend, indemnify and hold harmless the Village, its officers, employees,
agents and representatives, from and against any and all actions, claims for damages to persons
or property, penalties, obligations or liabilities (each a "Claim" and collectively, the "Claims") that
may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other
organization arising out of the sole negligent acts or omissions, or willful misconduct, of
Contractor, its agents, employees, subcontractors, representatives or invitees.
a. Contractor will defend any action or actions filed in connection with any of said claims,
damages, penalties, obligations, or liabilities and will pay all costs and expenses including
attorney's fees incurred in connection herewith.
b. In the event the Village, its officers, agents or employees is made a party to any action or
proceeding filed or prosecuted against Contractor for such damages or other claims arising
out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees
to pay Village, its officers, agents, or employees, any and all costs and expenses incurred by
the Village, its officers agents or employees in such action or proceeding, including, but not
limited to, reasonable attorney's fees.
c. In the event that a court determines that liability for any Claim was caused or contributed to
by the negligent act or omission or the willful misconduct of Village, liability will be apportioned
between Contractor and Village based upon the parties' respective degrees of culpability, as
determined by the court, and Contractor's duty to indemnify Village will be limited accordingly.
d. Notwithstanding anything to the contrary contained herein, Contractor's indemnification
obligation to Village for Claims under this Agreement will be limited to the maximum combined
aggregate of Contractor's general liability and umbrella insurance policies in the amount of
$2,000,000 (Two Million Dollars).
13. Either party shall have the right to terminate this Agreement by giving thirty (30) days written
notice to the other party.
14. The Contractor shall not have the right to assign this Agreement to any other person or entity
except with the prior written consent of the Village.
15. The Village agrees to pay the Contractor for the Services rendered pursuant to this Agreement
the sum of Twenty Two dollars and twenty eight cents ($22.28) per hour, per Crossing Guard
during the contract period. The Crossing Guard will earn a minimum of Fifteen dollars ($15.00)
per hour.
16. Payment is due within thirty (30) days of receipt of Contractor's properly prepared invoice.
17. The Village may request a price increase to the Crossing Guard's rate at any time. The Village's
rate will be calculated by taking the requested Crossing Guard's rate and multiplying by 1.485.
18. The Contractor may request a price increase during the term as a result of any legally -mandated
increases in wages or benefits imposed in the state or municipality in which the Services are to
be performed and to which Contractor's employees would be subject. Contractor shall provide
Village with 60 days- notice of its request to increase pricing. Village agrees to review and
respond to said notice within 30 days of receipt.
19. The Village shall have an option to renew this Agreement. In the event this Agreement is
extended beyond the end of the term set forth above, the compensation and terms for the
Services shall be established by mutual consent of both parties.
20. This Agreement shall be governed by and construed and enforced in accordance with the laws
of the State of Illinois without regard to the principles of conflicts of laws.
21. The Contractor shall prioritize Village residents for first choice in filling all open positions,
ensuring that qualified local candidates are considered before extending the search to non -local
applicants.
22.This Agreement constitutes the complete and exclusive statement of the agreement among the
parties with respect to the subject matter hereof and supersedes all prior written or oral
statements among the parties, including any prior statements, warranties, or representations.
This Agreement is binding upon and will inure to the benefit of the parties hereto and their
respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees
that this Agreement will be governed by the law of the state in which the Services are to be
performed, without regard to its conflicts of law provisions. Any amendments, modifications, or
alterations to this Agreement must be in writing and signed by all parties. There will be no
presumption against any party on the ground that such party was responsible for preparing this
Agreement or any part of it. Each provision of this Agreement is severable from the other
provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the
inoperability of that provision will have no effect on the remaining provisions of the Agreement
which will continue in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written
below.
VILLAGE
Village of Lemont
By
Signature
Print'Name and Title
Date v r f -z-7.q
CONTRACTOR
Crossing Guard Services LLC
By
Signature
Print Name and Title
Date