DATE: August 16, 2022
TO: Honorable Mayor and City Council
FROM: Roy Nakamura, Chief of Police
By: Amber Abeyta, Management Analyst
SUBJECT: RESOLUTION NO. 7 457 AMENDING THE FISCAL YEAR 2022 -23
GENERAL FUND AND AUTHORIZING A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE POLICE DEPA RTMENT FOR CROSSING
GUARD SERVICES IN THE AMO UNT OF $15,820 , OFFSET BY A REDUCTION IN THE GENERAL FUND RESERVE; AND PROFESSIONAL
SERVICES AGREEMENT WITH ALL CITY MANAGEMENT SERVICES
Recommendation: Adopt and Approve
SUMMARY
The City has a Professional Services Agreement with All City Management Services for crossing guard services, which expired on June 30, 2022 . A Request for Proposals (“RFP”) was issued on May 16, 2022. One proposal was received in response t o the RFP, which was submitted by the City ’s current crossing guard s ervices contractor, All City Management Services (“ACMS”). It is recommended t hat the City C ouncil adopt Resolution No. 7457 ame nding the Fiscal Year 2022- 23 General Fund Budget authorizing a s upplemental appropriation in the Police Depart ment for crossing guard services in the amount of $15,820, offset by a reduction in the General Fund Reserve ; and approve, and authorize and direct the City Manager to ex ecute a Professional Services Agreement with ACMS for the period of September 1, 2022, through June 30, 2025, with an option of three, one-year renewals.
BACKGROUND
In 2000, as a long-term cost savings strategy, the City opted to enter into a P rofessional Services Agreement with ACMS to provide crossing guards for the City of Arcadia .
ACMS is a full-service contractor that specializes in providing school crossing guard services. The company provides services to handle recruitment, local hiring, conducting background clearance in compliance with Department of Justice standards, initial and ongoing training, payroll and administrative support, coordination of assigning qualified substitutes during absences, local supervision, and communicating wit h school and site safety inspectors. They h ave b een in business since 1985 , a re currently the largest
Resolution No. 7457 and Professional Services Agreement with ACMS for Crossing Guard Services
August 16, 2022
provider of school crossing guard services in the area and employ over 3,500 crossing guards for over 150 agencies, including 12 local agencies.
Prior to contracting with a crossing guard serv ice provider, City staff provided crossing guard services and t he Arcadia Police Department (“Department”) managed the operation. The Department was continually using staff members, including police officers, to fill vacant posts that occurred because of sickness or injury to crossing guards. For the past 22 years while this service has been contracted out , the Department has not had to use any staff, nor been required to provide oversight to crossing guard operations, other than designating a staff member to monitor Agreement compliance. Further, t he City has rec ognized a cost savi ngs in worker’s compensation insurance and liability management.
It should be noted that the contract with ACMS which expired on June 30, 2022, has been extended to August 31 , 2022, to ensure cr ossing gu ard services are available when schools reopen on August 17-18, 2022.
DISCUSSION
An RFP was issued on May 16, 2022. The RFP was also published twice in the Arcadia Weekly as well as listed on the City of Arcadia’s website. After a one-month submission period, one c rossing guard serv ices proposal was received from the City ’s current provider, ACMS. Prior to opening the RFP, the Depart ment researched other contract companies available to provide crossing guard servic es in the San Gabriel Valley and reached out to neighboring cities for recommendations. It was discovered that ACMS is the only company that has responded to various local RFPs for Crossing Guard Services for the past several years and is believed to be the only company that currently provides crossing guard services in the area.
The proposal provided by ACMS meets all the requirement s of the RFP . The cost proposed by ACMS for the first three years of the PSA will start at $289, 920 for Year 1 (FY 2022-23), followed by $303,736 for Year 2 (FY 2023- 24) and will remain the sam e at $303,736 for Ye ar 3 (FY2 024-25). In ad dition, ACMS has request ed that during the PSA term the City allow a request for a price increase due to any legally mandated increases in wage s and benefits imposed i n the state or muni cipality in w hich the services are to be performed and to which ACMS’ employees would be subject to.
The overall proposed cost compared to the last year (FY 2021- 22) of the ACMS contract with the City is an increase of approximately 15%; with 11% occurring during Year 1, 4% during Year 2 and no increase during Year 3. According to ACMS , the increase in cost is due to hiring challenge s that have impacted all sec tors of the labor market, across the nation. In addition, ACMS’s workforce has historically maintained an average age of approximately 64 years ol d. Since COVID and as a direct res ult of lives lost and the risks inherent with this age group, ACMS has lost a signifi cant portion of Resolution No. 7457 and Professional Services Agreement with ACMS for Crossing Guard Services
August 16, 2022
their workforce. The net effect has been a younger workforce that expects and demands wages higher than minim um wage . Furthermore, factor in a highe r cost of living, the rising cost of gas with most cros sing guards required to go back and for to work between two- to-four times a day, the de mand for higher wages is predictable and warranted.
The amount budgeted in the Department ’s Fiscal Year 2022-23 Operating Budget for crossing guard services is $274,100 and does not cover the total cost proposed by ACMS for Year 1, which is $289,920. Therefore, a budget appropriation in the amount of $15,820 is being requested to cover this unforeseen cost increase.
All City Management Services has provided satisfactory services over time and has the skills and staffing necessary to carry out th e services required i n t he proposed Agreement. Therefore, i t is recommended tha t the City Council adopt Resolution No.7457 to cover the increase in c rossing guard costs for Fiscal Year 2022- 23; and approve a new Agreement with ACMS for crossing guard services for the period of September 1, 2022, through June 30, 20 25, with the option to renew on a year -to-year basis for three additional one-year periods.
ENVIORNMENTAL ANALYSIS
The proposed action does not constitute a project under the C alifornia Environmental Quality Act (“CEQA”), based on Section 15061( b)(3) of the CEQA Guidelines, as it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA.
FISCAL IMPACT
Most of the cost ($274,100) for Year 1 has been budgeted in the Department’s Fiscal Year 2022-23 Operating Budget ; however, a budget appropriation in the amount of $15,820 is needed to cover th is year’s remaining balance. The remaining years will be budgeted in their respective Operating Budgets for Fiscal Year 2023-24 and Fiscal Year 2024-25.
RECOMMENDATION
It is recommended that the City Council determine that this action does not constitute a project and is therefore, exempt under , the California Environmental Quali ty Ac t (“CEQA”); and adopt Resolution No. 7457 ame nding the Fiscal Year 2022- 23 General Fund Budget authorizing a supplemental appropriation in the Police Depart ment for crossing guard service s in the amount of $15,820, offset by a reduction in the General Fund Reserve; and approve, and authorize and direct the City Manager to ex ecute a Professional Services Agreement with All City Management Services.
Resolution No. 7457 and Professional Services Agreement with ACMS for Crossing Guard Services
August 16, 2022
Attachments: Proposed Professional Services Agreement with ACMS Resolution No. 7457 for Fiscal Year 2022-23 Crossing Guard Services Budget Appropriation
1 Updated Feb. 2020
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT REGARDING
CROSSING GUARD SERVICES
This Agreement is made and entered into as of ________________, 20____ by and between the City of Arcadia, a municipal corpor ation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“City”), and All City Management Services, a California Corporation with its principal place of business at 10440 Pioneer Blvd, Suite 5, Santa Fe Springs, CA, 90670 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Crossing Guard Services
(hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. The total amount paid for services rendered by the Consultant under this Agreement is the sum of eight hundred ninety-seven thousand, three hundred ninety-two dollars ($897,392). Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. In addition, during this term the Consultant may request a price increase due to any legally mandated increases in wages and benefits imposed in the state or municipality in which the services are to be performed and to which the Consultants’ employees would be subject to.
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3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting reco rds, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term
The term of this Agreement shall be from September 1, 2022, through June 30, 2025, unless earlier terminated as provided herein. The City shall solely have the option to extend the initial Term for up to three (3) successive one-year periods, which shall be deemed to be part of the Term upon exercise of such option by means of written notice to Consultant. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be cons idered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. 3 Updated Feb. 2020
c. If applicable, Consultant is responsible fo r all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or trans fer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termi nation. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Co mmercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
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(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation in surance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts 5 Updated Feb. 2020
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. e. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
f. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any 6 Updated Feb. 2020
insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant sh all maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting per iod A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made po licy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunt eers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications 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 and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
g. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
h. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
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(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its o fficials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
i. Subconsultant Insurance Requirement s. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. I ndemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require t he payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and 8 Updated Feb. 2020
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Co nsultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, in cluding any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compen sable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders is sued by the Department of Industrial Relations against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. 16 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possessi on to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination 9 Updated Feb. 2020
occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
17 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
18. O rganization
Consultant shall assign David Mecusker as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
CITY:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: John Bonomo, Administrative Sergeant
CONSULTANT:
All City Management Services
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, CA 90670
Attn: David Mecusker, Marketing & Contracts
Manager
and shall be effective upon receipt thereof.
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21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
22. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other in terests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
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29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working so lely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
When funding for the services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and ade quately comply with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARCADIA
AND ALL CITY MANAGEMENT SERVICES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ARCADIA All City Management Services
By: By:
Dominic Lazzaretto Signature
City Manager
Date: Its:
ATTEST: Printed Name
By: Date:
City Clerk
APPROVED AS TO FORM By:
Signature
By: Its:
Stephen P. Deitsch
City Attorney
Printed Name
Updated Feb. 2020
EXHIBIT “A”
Scope of Services
SCOPE OF SERVICES
The Arcadia Police Department will utilize Consultant to provide crossing guard services at intersections near schools during the school year for an average of 10,900 hours.
There are seventeen (17) locations in the City in which crossing guards are necessary in order to provide coverage for nine (9) school sites.
ARCADIA CROSSING GUARD SERVICE LOCATIONS
1. Holly Avenue and Lemon Avenue
2. Camino Grove Avenue and Encino Avenue
3. 6
th Avenue and Camino Grove Avenue
4. Le Roy Avenue and Santa Anita Avenue
5. 1
st Avenue and Camino Real Avenue
6. 1 st Avenue and Diamond Street
7. 1 st Avenue and California Street
8. 2 nd Avenue and Sycamore Avenue
9. Highland Oaks Drive and Sycamore Avenue
10. Oakwood Avenue and Virginia Road
11. Santa Anita Avenue and Virginia Road
12. Le Roy Avenue and Holly Avenue
13. Duarte Road and Holly Avenue
14. Woodruff Avenue and Longley Way
15. Las Tunas Drive and Warren Way
16. De Anza Place and Altura Road
17. Hugo Reid Drive and Altura Road
*These locations are subject to change at any time.
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Updated Feb. 2020
LIST OF SCHOOLS REQUIRING CROSSING GUARD SERVICES
ARCADIA UNIFIED SCHOOL DISTRICT
Baldwin Stocker Elementary School
422 W. Lemons Avenue
Arcadia, CA 91007
Dana Middle School
1401 S. 1st Avenue
Arcadia, CA 91006
Camino Grove Elementary School
700 Camino Grove Avenue
Arcadia, CA 91006
First Avenue Middle School
301 S. First Avenue
Arcadia, CA 91006
Highland Oaks Elementary School
10 Virginia Road
Arcadia, CA 91006
Foothills Middle School
171 E. Sycamore Avenue
Arcadia, CA 91006
Holly Avenue Elementary School
360 W. Duarte Road
Arcadia, CA 91007
Longely Way Elementary School
2601 Longley Way
Arcadia, CA 91007
Hugo Reid Elementary School
Elementary Campus:
1000 Hugo Reid Drive
Arcadia, CA 91007
Primary Campus:
1153 De Anza Place
Arcadia, CA 91007
There may be a need for summer school, which should be able to be billed as needed. In addition, in the event that crossing guard services are needed for special events, the City shall communicate extra crossing guard needs to the Consultant and the Consultant shall bill the City as necessary.
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Updated Feb. 2020
CROSSING GUARD SCHEDULE
Monday Tuesday Wednesday Thursday Friday
Baldwin Stocker Elementary
School
Holly Avenue and Lemon Avenue
AM Shift (1 hour) 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM PM Shift (1 hour) 2:15 PM - 3:15 PM 1:00 PM - 2:00 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM Camino Grove Elementary
School
Camino Grove Avenue and Encino Avenue
AM Shift (1 hour) 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM PM Shift (1 hour) 2:20 PM - 3:15 PM 2:20 PM - 3:15 PM 1:30 PM - 2:30 PM 2:20 PM - 3:15 PM 2:20 PM - 3:15 PM Camino Grove Elementary
School
6th Avenue and Camino Grove Avenue
AM Shift (1 hour) 7:50 AM - 8:50 AM 7:50 AM - 8:50 AM 7:50 AM - 8:50 AM 7:50 AM - 8:50 AM 7:50 AM - 8:50 AM PM Shift (1 hour) 2:20 PM - 3:20 PM 2:20 PM - 3:20 PM 1:30 PM - 2:30 PM 2:20 PM - 3:20 PM 2:20 PM - 3:20 PM Dana Middle School Le Roy Avenue and Santa Anita Avenue AM Shift (1 hour) 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM PM Shift (1 hour) 2:45 PM - 3:45 PM 2:45 PM - 3:45 PM 1:45 PM - 2:45 PM 2:45 PM - 3:45 PM 2:45 PM - 3:45 PM Dana Middle School 1 st Avenue and Camino Real Avenue
AM Shift (1 hour) 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM PM Shift (1 hour) 2:45 PM - 3:45 PM 2:45 PM - 3:45 PM 1:45 PM - 2:45 PM 2:45 PM - 3:45 PM 2:45 PM - 3:45 PM First Avenue Middle School 1 st Avenue and Diamond Street AM Shift (1 hour) 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM PM Shift (1 hour) 3:00 PM - 3:45 PM 2:00 PM - 2:45 PM 3:00 PM - 3:45 PM 2:00 PM - 2:45 PM 3:00 PM - 3:45 PM A-3
Updated Feb. 2020
First Avenue Middle School 1 st Avenue and California Street AM Shift (1 hour) 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM PM Shift (1 hour) 3:00 PM - 3:45 PM 2:00 PM - 2:45 PM 3:00 PM - 3:45 PM 2:00 PM - 2:45 PM 3:00 PM - 3:45 PM Foothills Middle School 2 nd Avenue and Sycamore Avenue AM Shift (1 hour) 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM PM Shift (1 hour) 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM Foothills Middle School Highland Oaks Drive and Sycamore Avenue AM Shift (1 hour) 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM PM Shift (1 hour) 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM Highland Oaks Elementary
School
Oakwood Avenue and Virginia Road
AM Shift (1 hour) 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM PM Shift (1 hour) 2:15 PM - 3:25 PM 2:15 PM - 3:25 PM 1:10 PM - 2:10 PM 2:15 PM - 3:25 PM 2:15 PM - 3:25 PM Highland Oaks Elementary
School
Santa Anita Avenue and Virginia Road
AM Shift (1 hour) 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM PM Shift (1 hour) 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM 1:10 PM - 2:10 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM Holly Avenue Elementary
School
Le Roy Avenue and Holly Avenue
AM Shift (1 hour) 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM PM Shift (1 hour) 2:15 PM - 3:15 PM 1:00 PM - 2:00 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM A-4
Updated Feb. 2020
Holly Avenue Elementary
School
Duarte Road and Holly Avenue
AM Shift (1 hour) 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM PM Shift (1 hour) 2:15 PM - 3:15 PM 1:00 PM - 2:00 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM Longley Way Elementary
School
Woodruff Avenue and Longley Way
AM Shift (1 hour) 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM PM Shift (1 hour) 2:30 PM - 3:30 PM 2:30 PM - 3:30 PM 1:15 PM - 2:15 PM 2:30 PM - 3:30 PM 2:30 PM - 3:30 PM Longley Way Elementary
School
Las Tunas Drive and Warren Way
AM Shift (1 hour) 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM PM Shift (1 hour) 2:30 PM - 3:30 PM 2:30 PM - 3:30 PM 1:15 PM - 2:15 PM 2:30 PM - 3:30 PM 2:30 PM - 3:30 PM Hugo Reid Elementary
School
De Anza Place and Altura Road
AM Shift (1 hour) 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM PM Shift (1 hour) 2:20 PM - 3:20 PM 2:20 PM - 3:20 PM 1:10 PM - 2:10 PM 2:20 PM - 3:20 PM 2:20 PM - 3:20 PM Hugo Reid Elementary
School
Hugo Reid Drive and Altura Road
AM Shift (1 hour) 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM PM Shift (1 hour) 2:20 PM - 3:20 PM 2:20 PM - 3:20 PM 1:10 PM - 2:10 PM 2:20 PM - 3:20 PM 2:20 PM - 3:20 PM Normal Early Release Days
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Updated Feb. 2020
Minimum Service Requirements
Consultant must at a minimum provide the following services and benefits:
A. Provide a program manager who will coordinate crossing guard services with a Police Department liaison.
B. Provide a supervisor to ensure guard activities are taking place at the required places and times and that proper safety procedures are complied with.
C. Provide fully trained and equipped alternate personnel to ensure all contracted locations are covered in the event regular personnel are absent.
D. Provide all crossing guards with a standardized uniform and proper weather apparel and gear, approved by the Chief of Police, which will be worn at all times while performing their duties.
E. Provide all crossing guards with handheld stop signs and reflective vests, which comply with applicable Federal, State and City laws and regulations.
F. Persons provided by the contractor as crossing guards shall be trained by the contractor.
Training shall include the laws and codes of the State of California and the City of Arcadia pertaining to general pedestrian safety and school crossing areas. Training shall also include general traffic safety for pedestrians, motorists, and the crossing guards themselves. Copies of all training certificates must be provided prior to execution of the contract. Provide training for crossing guards in first aid and CPR in accordance with Red Cross certification guideline. Copies of valid Red Cross certificates on each crossing guard must be furnished to the Police Department prior to signing of the agreement and annually thereafter.
G. Provide evidence of compliance with California Vehicle Code section 21100 as it relates to crossing guards and compliance with California Vehicle Code section 21100(i) prior to execution of the Agreement.
Contractor Personnel Requirements
Consultant shall maintain personnel files. Files shall consist of a package of documents for each assigned Crossing Guard consisting of training records, minimum qualifications and includes medical record, social security number, military services, arrest records, and previous employment. Contractor shall provide the Police Chief or his designee with written certification that each Guard assigned to the City conforms to all Police Department’s requirements and standards specified in this Agreement.
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Updated Feb. 2020
Criminal Background Check
The Contractor shall complete a criminal background check of all Crossing Guards, prior to assignment under the contract, and prior to assigning a Crossing Guard to a City location. Thereafter, Contractor shall conduct an annual check, or as deemed necessary for security reasons. The criminal background check shall be for felony for violent crimes and felony related to any acts against children, misdemeanor and traffic violations in all United States or countries that the individual has resided in the last five (5) years.
Any Crossing Guard found failing to divulge a felony (as listed below) or misdemeanor conviction should not be assigned to the Police Department’s contract. All costs of these checks shall be at the Contractor's expense.
1) Crossing Guards who have been involved in any of the following will not be accepted nor assigned to City Crossing Guard service:
a) Felony Conviction related to the following: violent crimes, any acts against children, assault, sexual assault, and domestic violence. b) Violent Misdemeanor Conviction
c) Sex Crime Conviction
d) Military discharge other than honorable
e) Pattern of irresponsible behavior including, but not limited to, unreasonable driving or employment record (absenteeism, equipment abuse, disciplinary problems, insubordination)
2) Verification for above vi olations, military conduct, and crime will be done through California Department of Justice, DMV, and/or FBI
Crossing Guard Conduct
Consultant's Crossing Guards will be working at City locations, and as such, they must be polite, courteous, helpful, and interested in serving the public well. Professional standards are expected at all times while on a City post. The Police Chief’s designated representative will routinely conduct surprise inspections to ensure the quality of contract Crossing Guards assigned to the City. If it is determined that assigned Crossing Guards do not meet standards of courtesy, ethics, appearance, alertness, and preparedness, they will be removed from post immediately at the expense of the Consultant.
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Updated Feb. 2020
Consultant Supervision Requirements
Operations Manager
The Consultant will assign an Operations Manager to ensure the required field supervision and training to the Crossing Guards under his/her supervision during the performance of their duties as required by the contract. The Operations Manager need not be present at all times but should ensure that Crossing Guards assigned to the City are well trained and effective in carrying out their assigned duties. This person will be the liaison to the Police Department. The Operations Manager shall become the Police Department’s primary contact person and be available as needed for the administration and effective functioning of the requested crossing guard services required in the Contract. Police Department staff will have direct access to a manager or shift supervisor.
Contract crossing guard company will provide phone numbers to Police Department staff.
CITY SUPERVISION
The City’s Chief of Police, or his designee, shall have the right of general supervision of all work performed by vendor and shall be the City’s agent with respect to obtaining vendor’s compliance hereunder. No payment for any services rendered under the agreement shall be made without prior approval of the Chief of Police, or his designee.
A-8
Updated Feb. 2020
EXHIBIT “B”
Schedule of Charges/Payments
City shall compensate All City Management Services for crossing guard services provided hereunder as follows:
Position Classification Hourly Billing
Rate
Annual
Cost
Crossing Guard
Year 1
(September 1, 2022 – June 30, 2023) $27.07 $289,920.00
Crossing Guard
Year 2
(July 1, 2023 – June 30, 2024) $28.36 $303,736.00
Crossing Guard
Year 2
(July 1, 2024 – June 30, 2025) $28.36 $303,736.00
Total $897,392.00
The total cost for Year 1 shall not exceed $289,920.
The total cost for Year 2 shall exceed $303,736.
The total cost for Year 3 shall not exceed $303,736.
The total cost for the initial three-year period of the contract, from September 1, 2022, through June 30, 2025, shall not exceed $897,392.
During the term of the Agreement the Consultant may request a price increase due to any legally mandated increases in wages and benefits imposed in the state or municipality in which services are to be performed and to which the Consultant’s employees would be subject to.
The hourly rates listed are fully loaded rates, meaning all of the costs are included in the “hourly billing rate”. This includes but not limited to: recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Arcadia’s Crossing Guard Program.
The pricing for Year 1 is based on 17 crossing guards compensated per the current Arcadia schedule of 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below.
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Updated Feb. 2020
The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment, the additional cost will be billed to the City.
If the City requires extra crossing guard services for special events, the City will be billed for such services requested.
Other provisions:
Consultant will mail invoices for services every two weeks. Included with each invoice will be a Work Summary, which details each site, each day and the hours worked at that site.
Arcadia will only be billed for crossing guard serviced rendered on designated “school days” unless otherwise requested by the City.
B-2
Updated Feb. 2020
EXHIBIT “C”
Activity Schedule
Consultant shall provide crossing guard services for seventeen (17) locations covering nine (9) school sites in the City of Arcadia. The number of hours worked is based on the Arcadia Unified School District school schedule of 180 school days annually, which equates to approximately 10,900 billable hours.
The Consultant and the City shall communicate via electronic mail regarding any crossing guard schedule changes, such as a change in crossing guard hours or posts.
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