8C
Date: May 5, 2026
To: Honorable Mayor and Members of the City Council
From: Robert Dunn, Chief of Police
By: John Newman, Police Services Supervisor | [email protected] Subject: Police – Approve First Amendment to All City Management Services Agreement for Crossing Guard Services. Expenditure: $111,759 (General Fund).
RECOMMENDATION
Recommendation of the Chief of Police that City Council approve a first amendment to the contract services agreement with All City Management Services (ACMS) (C2023-134), in the amount of $111,759, for a new not-to-exceed amount of $1,094,055, for crossing guard services.
FUNDING
Funding is available in the fiscal year 2025-26 General Fund Police Department operating budget.
DISCUSSION
The Torrance Police Department (TPD) oversees the City’s Crossing Guard Program, which provides vital pedestrian safety at key school intersections within the Torrance Unified School District (TUSD). The program is essential in ensuring that children can s afely walk to and from school during high-traffic times, such as morning arrivals and afternoon dismissals.
The current contract with ACMS, in place for the final year of a three-year agreement, has a Not- to-Exceed amount of $982,296. As of the start of the 2025 -2026 school year, there was a remaining balance of $333,422.88. However, through Week 22 (ending January 17, 2026), total expenditures reached $205,716, leaving a balance of only $127,707. Given the average weekly cost of $11,428, it is projected that an additional $228,533 will be needed to cover the remaining 20 weeks of the school year. This create s a funding shortfall of approximately $111,759, insufficient to maintain the necessary crossing guard coverage until the school year’s end.
At present, ACMS is filling 17 posts per week, of the 32 designated school intersections. The City’s own staffing levels, including two Parking Enforcement Officers and five Motor Officers, are insufficient to absorb the 17 posts currently covered by ACMS. Without ACMS coverage, the City would face significant challenges in maintaining the program’s integrity, particularly as staffing levels fluctuate.
1 City Council
May 5, 2026
Program Status and Staffing Needs:
The City’s Crossing Guard Program, which covers 32 key school intersections, relies heavily on ACMS to fill staffing gaps. Currently, 16 regularly scheduled guards are in place, but due to an ongoing long term medical leave, 17 posts are covered by ACMS each week. While the City has previously used Police Department employees to fill these roles, the persistent shortage of regularly scheduled crossing guards has made this approach unsustainable.
Recruitment and Retention Challenges:
Since June 2024, the City ha s faced considerable difficulties in recruiting qualified crossing guards. Data indicates that only 30% of applicants scheduled interviews, and of those, only 62% attend. Ultimately, this results in a hiring rate of just 1.45% of all applicants. These challenges have exacerbated the need for ACMS, which has proven to be a reliable partner in providing qualified staff, ensuring uninterrupted crossing guard coverage, and fil ling staffing gaps as needed.
Given the City’s ongoing recruitment and retention challenges, it is essential to continue relying on ACMS to maintain coverage at critical school intersections. The requested increase to the contract’s Not-to-Exceed amount will ensure that these critical safety posts remain staffed and that there are no gaps in coverage. ACMS has demonstrated consistent reliability and flexibility in addressing staffing shortages, and their continued involvement is crucial to maintaining the safety of students at school crossings.
Therefore, staff recommends approval of the proposed contract amendment to ensure the continued success of the Crossing Guard Program.
ATTACHMENTS
1. First Amendment to Contract Services Agreement (C2023-134)
2. Contract Services Agreement (C2023-134)
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ATTACHMENT 1
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B
CONTRACT SERVICES AGREEMENT
This CONTRACT SERVICES AGREEMENT ("Agreement") is made and entered into as of September 18, 2023 (the "Effective Date"), by and between the CITY OF TORRANCE, a municipal corporation ("ClTY"), and All City Management Services, lnc., a California corporation ("CONTRACTOR"),
RECITALS:
The CITY wishes to retain the services of an experienced and qualified CONTRACTOR to provide supplemental crossing guard services. ln order to obtain the desired services, the CITY has circulated its Request for Proposals for Supplemental Crossing Guard Services, RFP No. 82023-30 (the ..RFP").
CONTRACTOR has submitted a Proposal (the "Proposal") in response to the RFP. ln its Proposal CONTRACTOR represents that it is qualified to perform those services requested in the RFP. Based upon its review of all proposals submitted in response to the RFP, the CITY is willing to award the contract to CONTRACTOR.
AGREEMENT:
SERVICES TO BE PERFORMED BY CONTRACTOR
CONTRACTOR will provide the services and install those materials listed in CONTRACTOR's Proposal submitted in response to the RFP. A copy of the RFP is attached as Exhibit A. A copy of the Proposal is attached as Exhibit B TERM
Unless earlier terminated in accordance with Paragraph 4 below, this Agreement will continue in full force and effect from the Effective Date through June 30, 2026. This Agreement includes two (2) additional one-year options. The option to extend can be exercised only by CITY,
3. COMPENSATION
A. CONTRACTOR's Fee
For services rendered pursuant to this Agreement, CONTRACTOR will be paid in accordance with the compensation schedule set forth in the Proposal, provided, however, that in no event will the total amount of money paid the CONTRACTOR, for services initially contemplated by this Agreement, exceed the sum of $982,296 ("Agreement Sum"), if first approved in writing by CITY.
B. Schedule of Payment
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Provided that the CONTRACTOR is not in default under the terms of this Agreement, upon presentation of an invoice, CONTRACTOR will be paid the fees described in Paragraph 3.4. above, according to the Compensation Schedule. Payment will be due within 30 days after the date of the invoice.
4. TERMINATION OF AGREEMENT
A, Termination by CITY for Convenience
CITY may, at any time, terminate the Agreement for CITY's convenience and without cause.
2 Upon receipt of written notice from CITY of such termination for CITY's convenience, CONTRACTOR will:
cease operations as directed by CITY in the notice;
take actions necessary, or that CITY may direct, for the protection and preservation of the work; and
except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no fufther subcontracts and purchase orders.
ln case of such termination for CITY's convenience,
CONTRACTOR will be entitled to receive payment for work executed; and costs incurred by reason of such termination, along with reasonable overhead and profit on the work not executed.
B. Termination for Cause
lf either party fails to perform any term, covenant or condition in this Agreement and that failure continues for 15 calendar days after the nondefaulting party gives the defaulting party written notice of the failure to perform, this Agreement may be terminated for cause; provided, however, that if during the notice period the defaulting party has promptly commenced and continues diligent efforts to remedy the default, the defaulting pañy will have such additional time as is reasonably necessary to remedy the default.
ln the event this Agreement is terminated for cause by the default of the CONTRACTOR, the CITY may, at the expense of the
CONTRACTOR and its surety, complete this Agreement or cause it to be completed. Any check or bond delivered to the CITY in connection with this Agreement, and the money payable thereon, will be forfeited to and remain the property of the CITY, All moneys due the CONTRACTOR under the terms of this Agreement will be 1 a
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6 retained by the CITY, but the retention will not release the CONTRACTOR and its surety from liability for the default. Under these circumstances, however, the CONTRACTOR and its surety will be credited with the amount of money retained, toward any amount by which the cost of completion exceeds the Agreement Sum and any amount authorized for extra services.
Termination for cause will not affect or terminate any of the rights of the CITY as against the CONTRACTOR or its surety then existing, or which may thereafter accrue because of the default; this provision is in addition to all other rights and remedies available to the CITY under law.
C. Termination for Breach of Law.
ln the event the CONTRACTOR or any of its officers, directors, shareholders, employees, agents, subsidiaries or affiliates is convicted (i) of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of a contract or subcontract; (ii) under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a public consultant or contractor; (iii) under state or federal antitrust statutes arising out of the submission of bids or proposals; or (iv) of violation of Paragraph 20 of this Agreement; or for any other cause the CITY determines to be so serious and compelling as to affect CONTRACTOR's responsibility as a public consultant or contractor, including but not limited to, debarment by another governmental agency, then the CITY reserves the unilateral right to terminate this Agreement or to impose such other sanctions (which may include financial sanctions, temporary suspensions or any other condition deemed appropriate short of termination) as it deems proper. The CITY will not take action until CONTRACTOR has been given notice and an opportunity to present evidence in mitigation.
5. FORCE MAJEURE
lf any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused for a period equal to the period of such cause for failure to perform.
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7 6 RETENTION OF FUNDS
CONTRACTOR authorizes CITY to deduct from any amount payable to CONTRACTOR (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of CONTRACTOR's acts or omissions in performing or failing to perform CONTRACTOR's obligations under this Agreement. ln the event that any claim is made by a third party, the amount or validity of which is disputed by CONTRACTOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim, The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of CONTRACTOR to insure, indemnify, and protect CITY as elsewhere provided in this Agreement.
CITY REPRESENTATIVE
The Chief of Police is designated as the "City Representative," authorized to act in its behalf with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement. Whenever approval, directions, or other actions are required by CITY under this Agreement, those actions will be taken by the City Representative, unless othenruise stated. The City Manager has the right to designate another City Representative at any time, by providing notice to CONTRACTOR.
8. CONTRACTOR REPRESENTATIVE(S)
The following principal(s) of CONTRACTOR are designated as being the principal(s) and representative(s) of CONTRACTOR authorized to act in its behalf with respect to the work specified in this Agreement and make all decisions in connection with this Agreement:
Demetra Farwell
David Mecusker
INDEPENDENT CONTRACTOR
CONTRACTOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its agents will have control over the conduct of CONTRACTOR or any of CONTRACTOR's employees, except as othenruise set forth in this Agreement. CONTRACTOR's agents and employees are not and shall not be considered employees of CITY for any purpose, CONTRACTOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY, CITY has no duty, obligation, or responsibility to CONTRACTOR's agents or employees under the Affordable Care Act. CONTRACTOR is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act and any other liabilities, claims and obligations regarding compliance with the Affordable Care Act with respect to CONTRACTOR's agents and employees. CITY is not responsible and shall not 7 o
4004261 71.docx
8 be held liable for CONTRACTOR's failure to comply with CONTRACTOR's duties, obligations, and responsibilities under the Affordable Care Act. CONTRACTOR agrees to defend, indemnify and hold CITY harmless for any and all taxes and penalties that may be assessed against CITY as a result of CONTRACTOR's obligations under the Affordable Care Act relating to CONTRACTOR's agents and employees.
10. BUSINESS LICENSE
The CONTRACTOR must obtain a City business license prior to the start of work under this Agreement, unless CONTRACTOR is qualified for an exemption.
11. OTHER LICENSES AND PERMITS
CONTRACTOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this Agreement.
12. FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that CONTRACTOR (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. lf the services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services set forth in this Agreement. Should CONTRACTOR discover any latent or unknown conditions that will materially affect the performance of the services set forth in this Agreement, CONTRACTOR must immediately inform CITY of that fact and may not proceed except at CONTRACTOR's risk until written instructions are received from CITY
13. CARE OF WORK
CONTRACTOR must adopt reasonable methods during the term of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by ClTY, except those losses or damages as may be caused by CITY's own negligence.
14. CONTRACTOR'S ACCOUNTING REC ORDS: OTHER PROJECT RECORDS Records of the CONTRACTOR's time pertaining to the project, and records of accounts between CITY and the CONTRACTOR, will be kept on a generally recognized accounting basis. CONTRACTOR will also maintain all other records, including without limitation specifications, drawings, progress reports and the like, relating to the project. All records will be available to CITY during normal working hours, CONTRACTOR will maintain these records for three years after final payment.
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15. PREVATLING WAGE ilNTENTTONALLY OM|TTEDI
INDEMNIFICATION
CONTRACTOR will indemnify, defend, and hold harmless CITY, the Successor Agency to the former Redevelopment Agency of the City of Torrance, the City Council, each member thereof, present and future, members of boards and commissions, its officers, agents, employees and volunteers from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from breach of contract, bodily injury, death, personal injury, property damage, loss of use, or property loss however the same may be caused and regardless of the responsibility for negligence. The obligation to indemnify, defend and hold harmless includes, but is not limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or willful misconduct of CONTRACTOR, its officers, employees, agents, subcontractors or vendors. lt is further agreed, CONTRACTOR's obligations to indemnify, defend and hold harmless will apply even in the event of concurrent negligence on the part of CITY, the City Council, each member thereof, present and future, or its officers, agents and employees, except for liability resulting solely from the negligence or willful misconduct of CITY, its officers, employees or agents.
Payment by CITY is not a condition precedent to enforcement of this indemnity. ln the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the sole negligence of the CITY or its officers, employees, agents, subcontractors or vendors, CONTRACTOR will be obligated to pay for CITY's defense until such time as a finaljudgment has been entered adjudicating the CITY as solely negligent. CONTRACTOR will not be entitled in the event of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.
17. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of CITY will be personally liable to CONTRACTOR, in the event of any default or breach by the CITY or for any amount that may become due to CONTRACTOR.
18. INSURANCE
A. CONTRACTOR and its subcontractors must maintain for the duration of the contract at its sole expense the following insurance, which will be full coverage not subject to self-insurance provisions:
1 Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability:
Primary Bodily lnjury with limits of at least $500,000 per person, $1,000,000 per occurrence; and
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b Primary Property Damage of at least $250,000 per
occurrence; or
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3 c. Combined single limits of $1,000,000 per occurrence Commercial General Liability including coverage for premises, products and completed operations, independent
contractors/vendors, personal injury and contractual obligations with combined single limits of coverage of at least $2,000,000 per occurrence, $4,000,000 aggregate.
Workers' Compensation coverage as required by the Labor Code of the State of California and, if workers' compensation is required, employer's liability insurance with minimum limits of $1,000,000 per occurrence or occupational illness. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors,
The insurance provided by CONTRACTOR will be primary and non- contributory,
CITY ("City of Torrance"), the Successor Agency to the former Redevelopment Agency of the City of Torrance, the City Council and each member thereof, members of boards and commissions, every officer, agent, official, employee and volunteer must be named as additional insured under the automobile and general liability policies. Coverage can be provided in the form of an endorsement to the CONTRACTOR's insurance or applicable policy language.
CONTRACTOR must provide certificates of insurance including all required mandatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) indicating appropriate coverage, to the City Clerk of the City of Torrance before the commencement of work.
Each insurance policy required by this Paragraph must contain a provision that no termination, cancellation or change of coverage can be made without notice to CITY.
CONTRACTOR must include all subcontractors as insureds under its policies or must furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors will be subject to all of the requirements of this Paragraph 18.
lf the CONTRATOR maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the B
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spec¡fied minimum limits of insurance and coverage shall be available to the CITY.
The procuring of insurance shall not be construed as a limitation on liability nor as full performance of the indemnification provisions of the CONTRACTOR.
CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.
Self-insured retentions must be declared to and approved by the CITY.
The CITY may require the CONTRACTOR to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
SUFFICIENCY OF INSURERS
lnsurance required by this Agreement will be satisfactory only if issued by companies admitted to do business in California, rated "A" or better in the most recent edition of Best's Key Rating Guide, and only if they are of a financial category Class Vll or better, unless these requirements are waived by the Risk Manager of CITY ("Risk Manager") due to unique circumstances. ln the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to CITY, the CONTRACTOR agrees that the minimum limits of any insurance policies or performance bonds required by this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager; provided that CONTRACTOR will have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of CITY within 10 days of receipt of notice from the Risk Manager.
CONFLICT OF INTEREST
A. No officer or employee of the CITY may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that affects the officer or employee's financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.
B, No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, J
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I004261 71.docx
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4 demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
All notices, requests, demands, or other communications under this Agreement will be in writing, Notice will be sufficiently given for all purposes as follows:
Personal delivery. When personally delivered to the recipient notice is effective on delivery,
First Class mail. When mailed first class to the last address of the recipient known to the party giving notice: notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
Certified mail. When mailed certified mail, return receipt requested:
notice is effective on receipt, if delivery is confirmed by a return receipt.
Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account:
notice is effective on delivery, if delivery is confirmed by the delivery service,
Facsimile transmission, When sent by fax to the last fax number of the recipient known to the party giving notice: notice is effective on receipt, Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on a non-business day.
6. Addresses for purpose of giving notice are as follows CONTRACTOR All City Management Services, lnc.
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, CA 90670
Fax: (800) 430-1059
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13 CITY: City Clerk
City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
Fax: (310) 618-2931
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
c Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement PROHIB¡TION AGAINST ASSIGNMENT AND SUBCONTRACTING
This Agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. The Agreement may not be assigned or subcontracted by either CITY or CONTRACTOR without the prior written consent of the other.
INTEGRATION: AMENDMENT
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties.
INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might othenruise apply. To the extent that the terms of the RFP or the Proposal are inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
SEVERABILITY
lf any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect,
26. TIME OF SSENCE
Time is of the essence in the performance of this Agreement, GOVERNING LAW: JURISDICTION
This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in Los Angeles County, California.
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28, COMPLIANCE WITH STATUTES AND REGULATIONS
CONTRACTOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders
WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver.
A party's consent or approval of any act by the other party requiring the party's consent or approval will not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement. 30 ATTORNEY'S FEES
Except as provided for in Paragraph 16, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney's fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment.
31. EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.
32, CONTRACTOR'S AUTHORITY TO EXECUTE
The persons executing this Agreement on behalf of the CONTRACTOR warrant that (i) the CONTRACTOR is duly organized and existing; (ii) they are duly authorized to execute this Agreement on behalf of the CONTRACTOR; (iii) by so executing this Agreement, the CONTRACTOR is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the CONTRACTOR is bound,
33. PUBLIC RECORDS ACT
Any documents submitted by the CONTRACTOR; all information obtained in connection with the CITY's right to audit and inspect the CONTRACTOR's documents, books, and accounting records pursuant to paragraph 14 CONTRACTOR's Accounting Records; Other Project Records; as well as those documents which were required to be submitted in response to the Request for Proposals (RFP) used in the solicitation process for this Contract, become the exclusive property of the City. All such documents become a matter of public record and shall be regarded as public records, Exceptions will be those elements in the California Government Code Section 7920.000 et seq. (Public Records Act) and which are marked "trade secret", "confidential", or "proprietary" The CITY shall not in any way be liable or responsible for the disclosure of any 004261 71.docx 11
15 such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction' ln the event the CITY is required to defend an action on a Public Records Act téqrè"t for any of the aforementioned documents, information, books, records, "nà/ot
cOntenis of a propoSal marked "trade Secret", "confidential", or ;ôropriàtary", the COñfifnCfOn agrees to defend and indemnify the CITY from all cbsts añd expenseq, including reãsonable attorney's fees, in action or liability arising under the Public Records Act.
All City Management Services, lnc.CITY OF TORRANCE,
a municipal corPoration
Geo e K. Chen, Mayor
ATTEST:
a California co
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b ,r'u
oirier, tt/lMC
City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
City AttorneY
K. Litvin
City AttorneY
Attachments: Exhibit A
Exhibit B
Rev,0123
Request for ProPosals
Proposal
00426171 docx 12
16 Request for Proposals (RFP)
City of Torrance | 3031 Torrance Blvd, Torrance CA 90503 | www.TorranceCA.Gov Exhibit A RFP No. 82023-30 RFP for Supplemental Crossing Guard Services RFP Subm ittal lnformation
Mail or hand deliver Proposals. No faxed proposals
No Late proposals.
Location: Office of the City Clerk
3031 Torrance Blvd.
Torrance, CA 90503
Date: Monday, Auqust 14,2023
Time Deadline: 3:00 p.m. Local (Pacific) Time
Subm ittal Req uirements
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An original plus three (3) printed copies of your RFP submittal be in a sealed envelope and marked with the RFP number and title by the deadline time listed above. Your submittal must include the following:
Vendor'sResponse(Sectionlll ofthisdocumentpagesl0throughlS) ontheformsprovided. lf additional space is required, please attach additional sheets/pages.
Proposer's Affidavit (Attachment 1 )
Proposers will be disqualified if their proposal does not include the above items Prior to the award of a Contract
The successful vendor, must submit the following to the City of Torrance Proof of insurance and applicable bonds, as indicated in the terms and conditions of this RFP document.
Proof of a City of Torrance Business License, please contact the City of Torrance Business License Office at (310) 618-5923.
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Questions Regarding this RFP Must be Submitted in the Form of an E-Mail . Your E-mail must include the RFP number and RFP title in the subject heading. . The deadline to submit questions is 12:00 Noon Pacific Time on Monday, July 31 , 2023 . Your questions should be directed to:
Jane Chung
Administrative Services Manager
ich u nq@torranceca. qov
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: RFP No. 82023-30 RFP for Supplemental Crossing Guard Services
SECTION I RFP INSTRUCTIONS AND INFORMATION
Notice is hereby given that sealed proposals will be received in the office of the City Clerk, City Hall, 3031 Torrance Boulevard, Torrance, CA, until 3:00 p.m. on Monday, August 14,2023. An original and three (3) printed copies of each proposal must be submitted in a sealed envelope and clearly marked: "RFP Supplemental Crossing Guard Services, RFP No. 82023'30.
The City of Torrance
The City of Torrance is on the western side of Los Angeles County. lt is boarded by the Palos Verdes Peninsula on the south, the City of Gardena on the north, the City of Redondo Beach on the north and west boundaries, the City of Lomita on the east and the Pacific Ocean on the west. The City encompasses an area of approximalely2l square miles,329 miles of Streets, 1870 intersections,550 miles of sidewalks,47,000 Street Trees, 6 Public Libraries, a Municipal Airport, Transit System, 46 Parks & Recreation Amenities, 6 Fire Stations, 1 Police Station and 1 Police Community Center, and has an estimated population of approximately 146,115, which makes Torrance one of the top 10 cities in Los Angeles County in regards to population.
Background:
The City of Torrance is seeking the services of a qualified firm to provide supplemental crossing guard services at sites designated by the City of Torrance in consultation with the Torrance Police Department (TPD). The proposer shall monitor, supervise, and assure the safety of children who utilize intersections and crosswalks while moving to and from school zones. Services must be provided on all regularly scheduled school days between August and June. The schoolyear consists of 180 schooldays. A school district calendar and bell schedule will be provided to the selected Contractor.
Definitions:
Word Definition as applied to this RFP
Citv The City of Torrance, California
Vendor, Contractor,
Proposer, Firm or
Consultant
The person, firm, company or corporation providing services to the City, or submitting a proposal in response to this RFP
Contract, Purchase Order,
Agreement, Purchasing
Aqreement
The agreement between the awarded Vendor and the City as a result of this Request for Proposals
Proposal Submittal Form:
The proposal must be made on the form provided for that purpose, enclosed in a sealed envelope, and marked "RFP Supplemental Crossing Guard Services, RFP No. 82023-30. and addressed to the City Clerk, City of Torrance, 3031 Torrance Blvd., Torrance, CA 90503. lf an individual makes the proposal, it must be signed by that individual, with an address and telephone number. lf made by a business entity, it must be signed by an authorized person that executes binding agreements and contracts. A full business address and telephone are required.
Blank spaces in the proposal form must be completed using ink, indelible pencil, or typewriter. The text of the proposal form must not be changed and no additions. Any unauthorized conditions, limitations, or provisos attached to a proposal will render it informal and may cause its rejection. Alterations by erasure or interlineations must be explained or noted in the proposalform overthe signature of the Proposer. 2 18
Questions:
Submit quesfions in writing via emailfo Jane Chung, Administrative Services Manager, [email protected] by 12:OO P.M Noon, local Pacific time on Monday, July 31 ,2023. No questions via telephone. No questions submitted after deadline. Written answers and any other changes to the RFP will be sent (via email or the US Postal Service) to all known prospective proposers as an addendum to the RFP.
To ensure fairness and avoid misunderstandings, all communications must be in written format and submitted via e-mail by the due date. Any communications whether written or verbal to any person other than the designated individual listed on page 1, prior to award of a contracVpurchase order is strictly prohibited and may cause disqualification.
Errors and Omissions:
The proposer may not take advantage of any errors and/or omissions in these specifications or in the proposer's specifications submitted with its proposal. lf there are errors or omissions, you will be notified Proposers Examination of Requirements:
The Proposer is required to examine carefully the site, the instructions, information and specifìcations of this document, investigate the conditions, the character, quality and quantity of work to be performed as required by this document. Submission of a proposal will be considered prima facie evidence that the Proposer has made such examination.
Reservation:
The City reserves the right to revise or amend these specifications prior to the date set for opening proposals Revisions and amendments will be identified by an addendum to this RFP. lf the revisions require additional time to enable vendors to respond, the City may postpone the opening date accordingly. ln such case, the addendum will include an announcement of the new proposal submittal due date.
Attach all addenda to the proposal. Failure to attach any addendum may render the proposal non-responsive and cause for rejection.
The City reserves the right to award a contract to a company solely based on the initial proposal submitted.
The City reserves the right to require more information and clarification on information submitted in the proposal to complete the evaluation.
The City Council reserves the right to reject any and all proposals received, to take all proposals under advisement for a period not to exceed ninety (90) days after the date of the opening, to waive any informality on any proposal, and to be the sole judge of the relative merits of the material and or service mentioned in the respective proposals received. The City reserves the right to reject any proposal not accompanied with all data or information required.
This Request for Proposals does not commit the City to award a contract or to pay any cost incurred in the preparation of a proposal. All responses to this RFP document become the property of the City of Torrance.
The City reserves the right to examine all factors bearing on a Proposer's ability to perform the services under the contract. The City reserves the right to reject any proposal not accompanied with all data or information required. The City reserves the right to cancel this solicitation, without penalty, at its sole discretion. 3 Affidavit:
19 An affidavit form is enclosed. lt must be completed signifying that the proposal is genuine and not collusive or made in the interest or on behalf of any person not named in the proposal, that the proposer has not directly or indirectly induced or solicited any other proposer to put in a sham proposal or any other person, firm, or corporation to refrain from proposing, and that the proposer has not in any manner sought by collusion to secure for itself an advantage over any other proposer. Any proposal submitted without an affidavit or in violation of this requirement will be rejected. (Attachment 1) Evaluation of Proposals:
The City will be the sole determiner of suitability to the City's needs. Proposals are rated according to their completeness and understanding of the City's needs, conformance to the requirements of the technical specifications, compatibility with the City's current technology and operations, prior experience with similar scope of work, financial capabilities, delivery, and cost. Cost including any ongoing maintenance and support cost are reviewed to determine which proposal best meets the needs of the City.
The City willtake into consideration a local Torrance vendor sales tax rebate of 1% for proposals submitted by a Torrance vendor that include a material component.
The City's project evaluation team will evaluate proposals based on the evaluation criteria listed below. Points will be assigned to each criterion up to a maximum of 100 points. Proposals will be ranked and that ranking will be made public.
Subsequently, the City may interview a qualified Firm, prior to deciding whether to recommend the award of an Agreement.
Description of Evaluation Griteria Possible Points
Organizational Capacity
This criterion measures the ability of the organization to fulfill the services defined in the Scope of Work, or generally the ability of the entity to effectively develop and manage the crossing guard program Proposer's approach should present a general plan of program goals and procedures for administering the program. Proposer must demonstrate an understanding of the work and ability to meet all the requirements in the Scope of Work.
30 Experience
Points will be assigned for "Experience with Projects of this Size and Scope in an Agency of Similar Size" based on a vendor's previous experience with municipal agencies, as delineated in the SCOPE OF WORK, and CLIENT REFERENCES.
30 Gost Proposal 30
References 10
Maximum Total Points = 100
PART | - EVALUATION OF PROPOSALS: After receipt of proposals for this project, the City's project evaluation committee will evaluate proposals based on the criteria listed below (with exception of cost), and develop a short list of qualified Firms. The Firms on this short list may be invited to interview with the City. 4 20
The Contract:
The awarded vendor will be required to enter into a written contract with the City of Torrance. Attached is a copy of the standardized contract (Attachment A), which will be modified to reflect the awarded RFP. A copy of this RFP and the accepted proposal will be attached to and become a part of the contract.
Contract Term
The initial contract will be for a period of two years and 10 months from September 18, 2023 - June 30, 2026 The City may extend the contract with two (2) additional 1-year extensions.
FiscalYear Funding
Each payment obligation of the City is conditioned upon the availability of state or local government funds, which are apportioned or allocated for the payment of such an obligation. lf the funds are not allocated and available for the continuance of the function performed by the Vendor, the product or service directly or indirectly involved in the performance of that function may be terminated by the City at the end of the period for which funds are available.
Consumer Price lndex:
lf the contract is extended after the first year, commencing in the second year, and the subsequent year, the contract may be increased by the Consumer Price lndex for the Los Angeles area (April to April). lndependent Contractor:
The successful proposer will at all times remain to the City, a wholly independent contractor. Neither the City nor any of its agents will have control over the conduct of the Contractor or any of the Contractor's employees, except as otherwise set forth in the awarded Agreement. The Contractor's agents and employees are not and will not be considered employees of the City for any purpose. The Contractor may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City.
The City has no duty, obligation, or responsibility to the Contractor's agents or employees under the Affordable Care Act. The Contractor is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act and any other liabilities, claims and obligations regarding compliance with the Affordable Care Act with respect to the Contractor's agents and employees. The City is not responsible or liable for the Contractor's failure to comply with the Contractor's duties, obligations, and responsibilities under the Affordable Care Act. The Contractor agrees to defend, indemnify and hold the City harmless for all taxes and penalties that may be assessed against the City because of the Contractor's obligations under the Affordable Care Act relating to the Contractor's agents and employees.
Payments:
Complete payment on the contract price will be made in approximately thirty (30) days from date of delivery, or completion and acceptance, unless otherwise provided for in Proposer's proposal or in these specifications.
Payments will be made upon verification and acceptance by the City of contract services performed and upon the City's receipt of a correct invoice.
Suspension of Procurement:
The City may suspend, in writing all or a portion of the procurement of materials or services pursuant to this RFP and subsequent contract agreement, in the event unforeseen circumstances make such procurement impossible or infeasible, or in the event, City should determine it to be in the best interest of City to cancel such procurement of services or materials.
5 21
ln the event of termination, selected Proposer will perform such additional work as is necessary for the orderly filing of documents, and closing of project.
The selected Proposer will be compensated for the terminated procurement based on materials or services actually furnished or performed prior to the effective date of termination, plus the work reasonably required for filing and closing.
Notice:
Whenever it will be necessary for either party to serve notice on the other respecting the Agreement, such notice will be served by personal delivery or by certified mail to the following addresses, unless and until different addresses may be furnished in writing by either party or the other, and such notice will be deemed to have been served within seventy-two (72) hours after the same has been deposited in a United States Post Office by certified mail or has been delivered personally, and will be valid and sufficient service of notice for all purposes:
CITY: City Clerk
City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
VENDOR: Will be determined upon award of contract.
Notice of lntent to Award:
Approximately two (2)weeks prior to the anticipated City Council meeting awarding a contract because of the RFP, the City will notify all proposer's of its intent to award. Results will be posted on the City of Torrance Web site http://www.torranceca. gov
City of Torrance Bid/RFP Protest Procedures:
The City of Torrance Bid/RFP Protest Procedures are found on the City of Torrance Web site http ://www.torra nceca. gov
6 22
. RFP No. 82023-30 : RFP for Supplemental Crossing Guard Services
SECTION II TECHNICAL REQUIREMENTS
Overview/l ntroduction :
The City of Torrance is requesting proposals from qualified vendors for Supplemental Crossing Guard Services.
This RFP is intended to be as descriptive as possible. However, Proposers may not take advantage of omissions or oversights in this document, Proposers must supply products and services that meet or exceed the requirements of this RPF. ln the event of a dispute over installation or performance, the needs of the City of Torrance will govern.
Scope of Work:
At a minimum, a successful proposal must address the following requirements:
. Crossing guard services including hiring, management, training, and required materials and supplies . Program management
. Field supervision
Upon being awarded, the proposer must be prepared to cover at least seven (7) posts regularly, with an additional seven (7)for backfill coverage.
General Requirements
1. Location
Locations are subject to change at the request of the Torrance Police Department. The City reserves the right to add/ remove intersections as needed. Currently, thirty{wo (32) intersections throughout the City are to be served by crossing guards for approximately four (4) hours per school day at arrival and dismissal times, The proposer would need the ability cover any of the currently designated 32 posts on a regular or fill in basis.
2. Crossing Guards
The proposer shall recruit, select and employ crossing guards and alternate crossing guards as required to provide coverage at each requested crossing guard post on each day when guards are required in accordance with the adopted school calendars provided by the City and Torrance Unified School District (ïusD).
The proposer is responsible for the application process and determining the suitability and qualifications of the guards hired. All crossing guards employed by the selected vendor to perform services under this contract shall meet the qualifications specified in this Scope of Work.
3. Program Management
The proposer shall provide a program manager as required to ensure competent and efficient management of the crossing guard service. lt is expressly understood and agreed that one factor of the selection of the proposer is the proposer's commitment to assign specific individuals to the requested crossing guard posts requested by the Torrance Police Department.
7 4. Minimum Standards for Crossing Guards
23 a) Education: Each crossing guard employed to provide services pursuant to this contract with the City shall have a high school diploma or equivalent.
b) Skills: The crossing guards must be able to read, write, speak the English language and must be able to write intelligible reports.
c) Qualifications: Crossing guards provided by the selected vendor to provide services under this contract:
i. Shall be at least eighteen (18) years of age.
ii. Shall be physically and mentally capable of performing the duties of a crossing guard. iii. Shall have the ability to give and follow oral instructions. iv. Shall have the ability to establish and maintain effective working relationships with children, parents, school officials and law enforcement officials. v. Shall have the ability to remain calm and use judgment and initiative in an emergency situation vi. Shall have passed a background check
5. Duties of Crossing Guards
Crossing Guards shall:
a) Halt vehicles when necessary by mechanical and hand signal to permit children to cross the road safely.
b) Maintain order among children assembled at street crossing points and permit them to cross only when they can do so safely.
c) Make children aware of the elements of traffic safety and operation of pedestrian controls.
6. Training Program
The proposer shall provide each crossing guard with appropriate training for the position of crossing guard before assigning a guard to any post. The training program shall include a minimum of:
a) General orientation concerning the Contractor's rules and regulations of employment. b) Crossing guard techniques appropriate to the guard post, including traffic control information. c) Telephone numbers and addresses of the school served by the crossing guards and local law enforcement.
d) Public relations instructions, including the importance of image, dress and appearance, attitude and general demeanor of a crossing guard.
The training program shall be conducted by the proposer at the crossing guard post if required. Refresher courses may be provided by the proposer as required to assure the success of the program.
7. Materials and Supplies to be Supplied by Proposer
The proposer shall provide each crossing guard with the following a) Regulation-size, hand-held stop sign
b) Hat
c) Traffic safety vest
d) High visibility rain coat
e) Pocket-size notebook and pencil
The proposer is responsible for examining the items to determine their usability for the crossing guard services to be provided. lt is the responsibility of the proposer to provide all crossing guards with the above referenced items.
8 B. Accident Reports
24 All accidents which involve proposer's personnel at a designated crossing guard site shall be reported to the Torrance Police Department. Accidents involving injuries or the death of pupils or other persons shall be immediately reported to the Torrance Police Department.
9. Management, Supervisor, and Site lnspection
a) The proposer shall be responsible for the management of their crossing guard program, including selection and recruitment of the required number of crossing guards and crossing guard alternates.
The proposer shall be the official liaison with the staff of the City responsible for the program. b) The proposer shall maintain a field supervisor(s)who shall observe and evaluate crossing guard personnel as necessary to ensure efficient operation of the program. c) The proposer shall remove and replace any assigned personnel deemed unacceptable by the Torrance Police Department or TUSD. Replacement personnel shall be available immediately after removal of any personnel,
10. Statement of Qualifications and Experience
"Statement of Qualifications and Experience" shall include, but not limited to, the following information:
a) Brief description of the proposed project approach and disclosure of potential challenges and issues that need to be resolved.
b) Listing of at least three recent similar projects that the firm was or is engaged in for other public agencies. lnclude a description of the summary of work performed, the total project cost, the period over which the work was completed, and the name, title, and phone number of clients to be contacted for references.
c) Detailed description of the background checks the proposer conducts on crossing guards, and a brief description of crossing guard training program, and safety training and program.
Work Plan
Prior to the beginning of the work, the successful proposer must provide the City a schedule and work plan for approval.
9 25
RFP No.82023-30 RFP for Supplemental Grossing Guard Services
SECTION III PROPOSAL SUBMITTAL
FAILURE TO COMPLETE ALL ITEMS IN THIS SECTION MAY INVALIDATE PROPOSAL ln accordance with your "Request for Proposals (RFP)", the following proposal is submitted to the City of Torrance.
RFP Submitted By:
Name of Company
Street Address City Zip Code
Telephone Number Fax Number
Printed Name/Title E-MailAddress
Signature Date
Form of Business Organization: Please indicate the following (check one).
I Corporation n Partnership n Sote Proprietorship n Other:
Do you have a Parent Company? n ¡¡o n Yes,
Do you have any Subsidiaries? fl No I Yes,
(Name of Parent Company)
(Name of Subsidiary Company)
Business History:
Years in business under your current name and form of business organization? _Years lf less than three (3) years and your company was in business under a different name, what was that name? Contact for Additional lnformation :
Please provide the name of the individual at your company to contact for any additional information Printed Name Title
Telephone
10 E-MailAddress
26 Proposal Submittal (continued):
Vendor Name:
Addenda Received: (lt is mandatory to complete this section) Please indicate addenda information you have received regarding this RFP. lf addenda is not attached to your bid submittal (per instructions), you are still held accountable to its contents.
n ruo Addenda received regarding this RFP
Payment Terms: The City of Torrance Payment terms are Net 30. The City does not make pre-payments, or pay upon receipt.
Do you offer any discounted invoice terms?
Project Start and Completion:
The City requires the project adheres to the contract term.
Project Manager:
Please provide the name of the individual at your company who will serye as Project Manager for this contract.
Name Title
Telephone Number Fax Number EmailAddress
qi:ìr Llrlrturl),lrrl l:r.i rteal S,:1.ri,lr*ü',:r. 1,1 l.r 11 27
Proposal Submittal (continued)
Vendor Name
Contract Representative :
Please provide the name of the individual at your company who will be responsible for administering this contract.
Name Title
Telephone Number Fax Number EmailAddress
Sub Contractors:
lf awarded, will you be using sub contractors to carry out the scope of work required in this RFP? ! Yes, we will be using sub contractors and have listed their contact information below. n ruo, we will not be using any sub contractors for this project.
Company Name Contact Name Title
Telephone Number Fax Number EmailAddress
Please explain the working relationship between your company and the sub contractor. 12 28
Proposal Submittal (continued):
Vendor Name:
Background and Recent Experience with Similar Projects:
ln the space below, please provide a narrative explaining your background and recent experience with similar projects as the scope of work identified in this RFP. (Please attach additional sheet if needed.) 13 29
Proposal Submittal (continued)
Vendor Name:
Work Plan for Each Required Task
ln the space below, please describe in detail the methodology you will be utilizing to conduct for each task. (Please attach additional sheets if needed.)
14 30
Proposal Submittal (continued):
Vendor Name:
References:
Please supply the names of companies/agencies for which you recently supplied comparable goods/services as requested in this RFP. A minimum of three (3) references is required; additional references are optional.
References from public agencies are preferred. Do not include the City of Torrance as a reference for this RFP.
1 2
3 Name of Company/Agency
Street Address
City:
State, Zip Code:
What Product/Service did you provide
to this Company/Agency?
Name of Person to Contact:
Phone Number of Contact:
Email Address of Contact:
Name of Company/Agency:
Street Address:
City, State Zip Code
What ProductiService did you provide
to this Company/Agency?
Name of Person to Contact:
Phone Number of Contact:
Email Address of Contact:
Name of Company/Agency:
Street Address
City, State Zip Code:
What ProducVService did you provide
to this Company/Agency?
Name of Person to Contact
Phone Number of Contact:
Email Address of Contact:
15 31
Proposal Submittal (continued )
Vendor Name:
RFP Submittal Requirement and Acknowledgement
Vendors are required to answer each of the questions listed below. You must indicate below that you have provided this information in your proposalsubmittal. You must aüach additionalsheets to your RFP submittaldescribinq in detailthe service you are proposing.
RFP Scope of Work Questions
lndicate what page in your
proposal you have answered
this question.
Did you include original and 3 copies of your RFP Submittal? n Yes n ¡lo Did you include a signed Affidavit Form with your RFP Submittal? IYesnruo Did you attach additional sheets to answer the Background and Recent Experience with Similar Projects information on page
-
of this RFP?
trYesEno
Page _ of our submittal
Did you complete a project proposal as described in the Technical Requirements? IYesnNo
Did you include all addenda if any issued by the City? n ves n ¡lo Did you include resumes of no more than three (3) qualified candidates? ! Yes n r,¡o
Page _ of our submittal
Did you include References?
n ves E ¡lo
Page _ of our submittal
Are your Wage Rates (Non-Prevailing) lncluded?
IYesENo
Page _ of our submittal
Have you included Proposed Alternative Language to City's Pro Forma Consulting Services Agreement (if applicable)
! Yes n ¡lo
Page _ of our submittal
16 32
Proposal Submittal (continued):
Vendor Name
RFP Submittal Requirement and Acknowledgement Continued Vendors are required to answer each of the questions listed below. You must indicate below that you provided this information in your proposal submittal. You must attach additionalsheets to your RFP submittal describinq in detailthe service you are proposing have
RFP Scope of Work Questions
lndicate what page in your
proposal you have answered
this question.
Please indicate your price to provide monthly services as indicated in this RFP $ /Month
Did you describe your approach and disclosure of potential challenges and issues that need to be resolved?
fl Yes E r,¡o
Page _ of our submittal
Did you describe your experience with providing similar service(s)to other public agencies?
IYesnNo
Page _ of our submittal
Did you describe the background checks that are conducted on crossing guards, and a brief description of crossing guard training program, and safety training and program?
I ves n ¡¡o
Page _ of our submittal
Price proposal submittal to complete the work described in this RFP $ 17 33
Proposal Submittal (continued):
Vendor Name:
ln accordance with your "Request for Proposal", the following price proposal is submitted to the City of Torrance. We understand that our price submittal is a not to exceed amount and that if we are selected to may be adjusted down unless additional services are
and usted accordi
enter into negotiations with the City the
and will be
$
$
$
$
$
$
$
$Total Amount for Project
Rl:P lcci.ir¡:;rtl ¡o,,¡':,i-:r.l j+r¡lt:r¡rier 11.) ':
18 34
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
1. That he/she is the
ATTACHMENT 1
PROPOSER'S AFFIDAVIT
being first duly sworn deposes and says
of
(Title of Office) (Name of Company)
Hereinafter called "proposer", who has submitted to the City of Torrance a proposal for (Title of RFP)
2. that the proposal is genuine; that all statements of fact in the proposal are true;
3. That the proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not named or disclosed;
4. That the Proposer did not, directly or indirectly, induce solicit or agree with anyone else to submit a false or sham proposal, to refrain from proposing, orto withdraw his proposal, to raise orfix the proposal price of the Proposer or of anyone else, or to raise or fix any overhead, profit or cost element of the Proposer's price or the price of anyone else; and did not attempt to induce action prejudicial to the interest of the City of Torrance, or of any other Proposer, or anyone else interested in the proposed contract;
5. That the Proposer has not in any other manner sought by collusion to secure for itself an advantage over the other Proposer or to induce action prejudicial to the interests of the City of Torrance, or of any other Proposer or of anyone else interested in the proposed contract;
6. That the Proposer has not accepted any proposal from any subcontractor or materialman through any proposal depository, the bylaws, rules or regulations of which prohibit or prevent the Proposer from considering any proposal from any subcontractor or material man, which is not processed through that proposal depository, or which prevent any subcontractor or materialman from proposing to any contractor who does not use the facilities of or accept proposals from or through such proposal depository;
7. That the Proposer did not, directly or indirectly, submit the Proposer's proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Torrance, or to any person or persons who have a partnership or other financial interest with said Proposer in its business.
8. That the Proposer has not been debarred from participation in any State or Federal works project.
Dated this _ day of 20
(Proposer Signature)
(Title)
19 35
A.
B.
C
CONTRACT SERVICES AGREEMENT
This CONTRACT SERVICES AGREEMENT ("Agreement") is made and entered into as of Date (the "Effective Date"), by and between the CITY OF TORRANCE, a municipal corporation ("ClTY'), and Contractor Name, type of entity ("CONTRACTOR').
RECITALS:
The CITY wishes to retain the services of an experienced and qualified CONTRACTOR to lnsert brief description of services.
ln order to obtain the desired services, the CITY has circulated its Request for Proposals for lnsert brief title of RFP, RFP No. lnsert RFP No. (the "RFP").
CONTRACTOR has submitted a Proposal (the "Proposal") in response to the RFP. ln its Proposal CONTRACTOR represents that it is qualified to perform those services requested in the RFP. Based upon its review of all proposals submitted in response to the RFP, the CITY is willing to award the contract to CONTRACTOR.
AGREEMENT:
1. SERVICES TO BE PERFORMED BY CONTRACTOR
CONTRACTOR will provide the services and install those materials listed in CONTRACTOR's Proposal submitted in response to the RFP. A copy of the RFP is attached as Exhibit A. A copy of the Proposal is attached as Exhibit B.
TERM
Unless earlier terminated in accordance with Paragraph 4 below, this Agreement will continue in full force and effect from the Effective Date through
COMPENSATION
A. CONTRACTOR's Fee
For services rendered pursuant to this Agreement, CONTRACTOR will be paid in accordance with the compensation schedule set forth in the Proposal, provided, however, that in no event will the total amount of money paid the CONTRACTOR, for services initially contemplated by this Agreement, exceed the sum of $insert dollar amount ("Agreement Sum"), if first approved in writing by CITY.
B. Schedule of Payment.
Provided that the CONTRACTOR is not in default under the terms of this Agreement, upon presentation of an invoice, CONTRACTOR will be paid the fees described in Paragraph 3.4. above, according to the
2. 3.
1CONTRACT SERVICES AGREEMENT
36 Compensation Schedule. Payment will be due within 30 days after the date of the invoice.
4. TERMINATION OF AGREEMENT
A. Termination by CITY for Convenience.
2 CITY may, at any time, terminate the Agreement for CITY's convenience and without cause.
Upon receipt of written notice from CITY of such termination for CITY's convenience, CONTRACTOR will:
cease operations as directed by CITY in the notice;
take actions necessary, ot that CITY may direct, for the protection and preservation of the work; and
except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.
ln case of such termination for CITY's convenience,
CONTRACTOR will be entitled to receive payment for work executed; and costs incurred by reason of such termination, along with reasonable overhead and profit on the work not executed.
B. Termination for Cause
lf either party fails to perform any term, covenant or condition in this Agreement and that failure continues for 15 calendar days after the nondefaulting party gives the defaulting party written notice of the failure to perform, this Agreement may be terminated for cause; provided, however, that if during the notice period the defaulting party has promptly commenced and continues diligent efforts to remedy the default, the defaulting party will have such additional time as is reasonably necessary to remedy the default.
ln the event this Agreement is terminated for cause by the default of the CONTRACTOR, the CITY may, at the expense of the
CONTRACTOR and its surety, complete this Agreement or cause it to be completed. Any check or bond delivered to the CITY in connection with this Agreement, and the money payable thereon, will be forfeited to and remain the property of the CITY. All moneys due the CONTRACTOR under the terms of this Agreement will be retained by the CITY, but the retention will not release the CONTRACTOR and its surety from liability for the default. Under these circumstances, however, the CONTRACTOR and its surety will be credited with the amount of money retained, toward any 1 a
b
c
3 1
2 2CONTRACT SERVICES AGREEMENT
37 amount by which the cost of completion exceeds the Agreement Sum and any amount authorized for extra services.
Termination for cause will not affect or terminate any of the rights of the CITY as against the CONTRACTOR or its surety then existing, or which may thereafter accrue because of the default; this provision is in addition to all other rights and remedies available to the CITY under law.
C. Termination for Breach of Law
ln the event the CONTRACTOR or any of its officers, directors, shareholders, employees, agents, subsidiaries or affiliates is convicted (i) of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of a contract or subcontract; (ii) under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a public consultant or contractor; (iii) under state or federal antitrust statutes arising out of the submission of bids or proposals; or (iv) of violation of Paragraph 20 of this Agreement; or for any other cause the CITY determines to be so serious and compelling as to affect CONTRACTOR's responsibility as a public consultant or contractor, including but not limited to, debarment by another governmental agency, then the CITY reserves the unilateral right to terminate this Agreement or to impose such other sanctions (which may include financial sanctions, temporary suspensions or any other condition deemed appropriate short of termination) as it deems proper. The CITY will not take action until CONTRACTOR has been given notice and an opportunity to present evidence in mitigation.
5. FORCE MAJEURE
lf any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused for a period equal to the period of such cause for failure to perform.
3 3CONTRACT SERVICES AGREEMENT
38 6. RETENTION OF FUNDS
CONïRACTOR authorizes CITY to deduct from any amount payable to CONTRACTOR (whether or not arising out of this Agreement) any amounts the payment of which may be in dispute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third parties, by reason of CONTRACTOR's acts or omissions in performing or failing to perform CONTRACTOR's obligations under this Agreement. ln the event that any claim is made by a third party, the amount or validity of which is disputed by CONTRACTOR, or any indebtedness exists that appears to be the basis for a claim of lien, CITY may withhold from any payment due, without liability for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of CONTRACTOR to insure, indemnify, and protect CITY as elsewhere provided in this Agreement.
7. CITY REPRESENTATIVE
City Representative is designated as the "City Representative," authorized to act in its behalf with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement. Whenever approval, directions, or other actions are required by CITY under this Agreement, those actions will be taken by the City Representative, unless othen¡vise stated. The City Manager has the right to designate another City Representative at any time, by providing notice to CONTRACTOR.
8. CONTRACTOR REPRESENTATIVE(S)
ïhe following principal(s) of CONTRACTOR are designated as being the principal(s) and representative(s) of CONTRACTOR authorized to act in its behalf with respect to the work specified in this Agreement and make all decisions in connection with this Agreement:
Representative 1
Representative 2
INDEPENDENT CONTRACTOR
CONTRACTOR is, and at all times will remain as to CITY, a wholly independent contractor. Neither CITY nor any of its agents will have control over the conduct of CONTRACTOR or any of CONTRACTOR's employees, except as othenvise set forth in this Agreement. CONTRACTOR's agents and employees are not and shall not be considered employees of CITY for any purpose. CONTRACTOR may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY. CITY has no duty, obligation, or responsibility to CONTRACTOR's agents or employees under the Affordable Care Act. CONTRACTOR is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act and any other liabilities, claims and obligations regarding compliance with the Affordable Care Act with respect to CONTRACTOR's agents and employees. CITY is not responsible and shall not 9 4CONTRACT SERVICES AGREEMENT
39 10
be held liable for CONTRACTOR's failure to comply with CONTRACTOR's duties, obligations, and responsibilities under the Affordable Care Act. CONTRACTOR agrees to defend, indemnify and hold CITY harmless for any and all taxes and penalties that may be assessed against CITY as a result of CONTRACTOR's obligations under the Affordable Care Act relating to CONTRACTOR's agents and employees.
BUSINESS LICENSE
The CONTRACTOR must obtain a City business license prior to the start of work under this Agreement, unless CONTRACTOR is qualified for an exemption.
11. OTHER LICENS AND PERMITS
CONTRACTOR warrants that it has all professional, contracting and other permits and licenses required to undertake the work contemplated by this Agreement.
12 FAMILIARITY WITH WORK
By executing this Agreement, CONTRACTOR warrants that CONTRACTOR (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed, and (c)fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. lf the services involve work upon any site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services set forth in this Agreement. Should CONTRACTOR discover any latent or unknown conditions that will materially affect the performance of the services set forth in this Agreement, CONTRACTOR must immediately inform CITY of that fact and may not proceed except at CONTRACTOR's risk untilwritten instructions are received from CITY.
13. CARE OF WORK
CONTRACTOR must adopt reasonable methods during the term of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the work by CITY, except those losses or damages as may be caused by CITY's own negligence.
14. GONTRACTOR'S ACCOUNTING RECORDS: OTHER PROJECT RECORDS Records of the CONTRACTOR's time pertaining to the project, and records of accounts between CITY and the CONTRACTOR, will be kept on a generally recognized accounting basis. CONTRACTOR will also maintain all other records, including without limitation specifications, drawings, progress reports and the like, relating to the project. All records will be available to CITY during normalworking hours. CONTRACTOR will maintain these records for three years after final payment.
5CONTRACT SERVICES AGREEIVENT
40 15. PREVAILING WAGE ilNTENTIONALLY OMITTEDI
INDEMNIFICATION
CONTRACTOR will indemnify, defend, and hold harmless CITY, the Successor Agency to the former Redevelopment Agency of the City of Torrance, the City Council, each member thereof, present and future, members of boards and commissions, its officers, agents, employees and volunteers from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from breach of contract, bodily injury, death, personal injury, property damage, loss of use, or property loss however the same may be caused and regardless of the responsibility for negligence. The obligation to indemnify, defend and hold harmless includes, but is not limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or willful misconduct of CONTRACTOR, its officers, employees, agents, subcontractors or vendors. lt is further agreed, CONTRACTOR's obligations to indemnify, defend and hold harmless will apply even in the event of concurrent negligence on the part of CITY, the City Council, each member thereof, present and future, or its officers, agents and employees, except for liability resulting solely from the negligence or willful misconduct of CITY, its officers, employees or agents.
Payment by CITY is not a condition precedent to enforcement of this indemnity. ln the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the sole negligence of the CITY or its officers, employees, agents, subcontractors or vendors, CONTRACTOR will be obligated to pay for CITY's defense until such time as a finaljudgment has been entered adjudicating the CITY as solely negligent. CONTRACTOR will not be entitled in the event of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.
16. 17.
18. NON.LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of CITY will be personally liable to CONTRACTOR, in the event of any default or breach by the CITY or for any amount that may become due to CONTRACTOR.
INSURANCE
A. CONTRACTOR and its subcontractors must maintain for the duration of the contract at its sole expense the following insurance, which will be full coverage not subject to self-insurance provisions:
1 Automobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability:
a Primary Bodily lnjury with limits of at least $500,000 per person, $1,000,000 per occurrence; and
Primary Property Damage of at least $250,000 per
occurrence; or
b.
6CONTRACT SERVICES AGREEMENT
41 Combined single limits of $1,000,000 per occurrence.
Commercial General Liability including coverage for premises, products and completed operations, independent
contractors/vendors, personal i nj u ry and contractual obl i gations with combined single limits of coverage of at least $2,000,000 per occurrence, $4, 000, 000 aggregate.
Workers'Compensation coverage as required by the Labor Code of the State of California and, if workers' compensation is required, employer's liability insurance with minimum limits of $1,000,000 per occurrence or occupational illness. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.
The insurance provided by CONTRACTOR will be primary and non- contributory.
CITY ("City of Torrance"), the Successor Agency to the former Redevelopment Agency of the City of Torrance, the City Council and each member thereof, members of boards and commissions, every officer, agent, official, employee and volunteer must be named as additional insured under the automobile and general liability policies. Coverage can be provided in the form of an endorsement to the CONTRACTOR's insurance or applicable policy language.
CONTRACTOR must provide certificates of insurance including all required mandatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) indicating appropriate coverage, to the City Clerk of the City of Torrance before the commencement of work.
Each insurance policy required by this Paragraph must contain a provision that no termination, cancellation or change of coverage can be made without notice to CITY.
CONTRACTOR must include all subcontractors as insureds under its policies or must furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors will be subject to all of the requirements of this Paragraph 18.
lf the CONTRATOR maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the c
2 3
B
C
D
E
F
\t
7CONTRACT SERVICES AGREEMENT
42 specified minimum limits of insurance and coverage shall be available to the CITY.
The procuring of insurance shall not be construed as a limitation on liability nor as full performance of the indemnification provisions of the CONTRACTOR.
CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.
Self-insured retentions must be declared to and approved by the CITY.
The CITY may require the CONTRACTOR to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
SUFFICIENCY OF INSURERS
lnsurance required by this Agreement will be satisfactory only if issued by companies admitted to do business in California, rated "4" or better in the most recent edition of Best's Key Rating Guide, and only if they are of a financial category Class Vll or better, unless these requirements are waived by the Risk Manager of CITY ("Risk Manager") due to unique circumstances. ln the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to CITY, the CONTRACTOR agrees that the minimum limits of any insurance policies or performance bonds required by this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager; provided that CONTRACTOR will have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of CITY within 10 days of receipt of notice from the Risk Manager.
CONFLICT OF INTEREST
A. No officer or employee of the CITY may have any financial interest, direct or indirect, in this Agreement, nor may any officer or employee participate in any decision relating to the Agreement that affects the officer or employee's financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, H
J
19 20
B
ICONTRACT SERVICES AGREEMENT
43 21.
demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
NOTICE
A. All notices, requests, demands, or other communications under this Agreement will be in writing. Notice will be sufficiently given for all purposes.as follows:
Personal delivery. When personally delivered to the recipient:
notice is effective on delivery.
First Class mail. When mailed first class to the last address of the recipient known to the party giving notice: notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
Certified mail. When mailed certified mail, return receipt requested notice is effective on receipt, if delivery is confirmed by a return receipt.
Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the sender's account:
notice is effective on delivery, if delivery is confirmed by the delivery service.
Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice: notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on a non-business day.
6. Addresses for purpose of giving notice are as follows CONTRACTOR Contractor's Name and Address
Fax: lnsert Fax Number
CITY: City Clerk
City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
1 2
3 4
5 ICONTRACT SERVICES AGREEMENT
44 Fax: (310) 618-2931
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
c. Either party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.
PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
This Agreement and all exhibits are binding on the heirs, successors, and assigns of the parties. The Agreement may not be assigned or subcontracted by either CITY or CONTRACTOR without the prior written consent of the other.
23. INTEGRATION; AMENDMENT
This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Agreement. The Agreement may not be modified or altered except in writing signed by both parties.
24. INTERPRETATION
The terms of this Agreement should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction that might othenruise apply. To the extent that the terms of the RFP or the Proposal are inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
SEVERABILITY
lf any part of this Agreement is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Agreement will remain in full force and effect.
B
22. 27
25 26. TIME OF ENCE
Time is of the essence in the performance of this Agreement.
GOVERNING LAW: JURISDIGTION
This Agreement will be administered and interpreted under the laws of the State of California. Jurisdiction of any litigation arising from the Agreement will be in Los Angeles County, California.
28. COMPLIANCE WITH STATUTES AND REGULATIONS
CONTRACTOR will be knowledgeable of and will comply with all applicable federal, state, county and city statutes, rules, regulations, ordinances and orders CONTRACT SERVICES AGREEMENT 10
45 29. WAIVER OF BREACH
No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default will impair the right or remedy or be construed as a waiver.
A party's consent or approval of any act by the other party requiring the party's consent or approval will not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and will not be a waiver of any other default concerning the same or any other provision of this Agreement.
30. ATTORNEY'S FEES
Except as provided for in Paragraph 16, in any dispute, litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney's fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment.
31. EXHIBITS
All exhibits identified in this Agreement are incorporated into the Agreement by this reference.
32 CONTRACTOR'S AUTHORITY TO EXECUTE
The persons executing this Agreement on behalf of the CONTRACTOR warrant that (i)the CONTRACTOR is duly organized and existing; (ii)they are duly authorized to execute this Agreement on behalf of the CONTRACTOR; (iii) by so executing this Agreement, the CONïRACTOR is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the CONTRACTOR is bound.
33. PUBLIC RECORDS ACT
Any documents submitted by the CONTRACTOR; all information obtained in connection with the CITY's right to audit and inspect the CONTRACTOR's documents, books, and accounting records pursuant to paragraph 14 CONTRACTOR's Accounting Records; Other Project Records; as well as those documents which were required to be submitted in response to the Request for Proposals (RFP) used in the solicitation process for this Contract, become the exclusive property of the City. All such documents become a matter of public record and shall be regarded as public records. Exceptions will be those elements in the California Government Code Section 7920.000 et seq. (Public Records Act) and which are marked "trade secret", "confidential", or "proprietary" The CITY shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction. ln the event the CITY is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, CONTRACT SERVICES AGREEMENT 11
46 and/or contents of a proposal marked "trade secret", "confidential", or "proprietary", the CONTRACTOR agrees to defend and indemnify the CITY from all costs and expenses, including reasonable attorney's fees, in action or liability arising under the Public Records Act.
CITY OF TORRANCE,
a municipal corporation
Firm Name
Type of Entity
By:
George K. Chen, Mayor
ATTEST:
Signer
ïitle
Rebecca Poirier, MMC
City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
City Attorney
By
Attachments: Exhibit A
Exhibit B
Rev.0123
Request for Proposals
Proposal
CONTRACT SERVICES AGREEMENT 12
47 Exhibit B
ALL CITY þf,AT\AGMfuflMNT SERVNCES
"The Crossing Guard Company"
A Proposal for
City of Torrance
RFP No. 82023-30
Supplemental Crossing Guard Services
August 14,2023
Presented by
10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, CA 90670 OFFICE PHONE: 800.540.9290 FAX: 310.202.8325
EMERGENCY DISPATCH: 877 .512.2267
www.thecro ssingguardcompany. com
48 Table of Contents
1. Required Forms
Proposal Submittal
Proposers Affrdavit
2. Sunnortins Information
Qualifications and Experience (related to background/recent experience) Company Profile
Company Data
All City Management Services, Inc. Organizational Chart City of Tonance Management Structure
Field Management Personnel
Approach and Management (related to work plan)
Recruitment and Staffing
Training
3. Adclitional lnforrnation / References
Additional References
Added Benefit-Unspecified Value
4. EXCEPTIONS / FORMS
Exceptions
APnendix,
Operations Staff ResLunes
Page Numbers
-9
0 11
t2
13 t4
15 l6
t7 -18
t9-20
2l
24-25
22 23
49 Tab 1-Required Forms
50 RFP No. 82023-30 RFP for Supplemental Crossing Guard Services
SECTION III PROPOSAL SUBMITTAL
ËnilunÈ rö cön¡PlErE ALL ITEMS IÑ TH IS SECTION MAY INVALIDATE PROPOSAL. ln accordance with your "Request for Proposals (RFP)", the following proposal is submitted to the City of Torrance.
RFP Submitted BY:
AllCiw Services Inc.
Name of Company
10440 Pioneer Blvd., Suite 5 Santa Fe Springs, CA 90670 Street Address
310 202 8284
City Zip Code
3r0 202 8325
Telephone Number
Farwell, Co
Printed
Fax Number
tle
Signature Date
I
Form of Business örganization: Please indicate the following (check one). ffi Corporation Ü Partnership f So¡e Proprietorsh¡p I Other:
Do you have a Parent Company? E t ¡o f Yes,
(Name of Parent ComPany)
Do you have any Subsidiaries? E t'¡o Yes,
Business History:
years in business under your current name and form of business organization? 38 Years lf less than three (3) years and your company was in business under a different name, what was that name? Contact for Additional lnformation:
please provide the name of the individual at your company to contact for any additional information David Mecusker Marketing & Contracts Manager
TitlePrinte
310202 8284 Ext. 1
d Name
07 david@thecro com
Telephone
10 E-MailAddress
51 Proposal Submittal (continued)
Vendor Name: All City Management Services, lnc
Addenda Received: (lt is mandatory to complete this section) Please indicate addenda information you have received regarding this RFP. lf addenda is not attached to your bid submittal (per instructions), you are still held accountable to its contents.
Addendum No Date Received Addendum No. Date Received
JØ t'¡o Addenda received regarding this RFP
Payment Terms: The City of Torrance Payment terms are Net 30. The City does not make pre'payments, or pay upon receipt,
Do you offer any discounted invoice terms?
Project Start and ComPletion:
No
The City requires the project adheres to the contract term.
Project Manager:
Please provide the name of the individual at your company who will serve as Project Manager for this contract Rona llodges Reeional Manager / ect Manaser
Name Title
424 521 5058 3r0 202 8325
Telephone Number Fax Number
ron a@,thecrossi n gguardcornpany.com . --..
Email Address
11 52
Proposal Submittal (continued):
Vendor Name: All City Management Services, Inc
Contract Representative :
please provide the name of the individual at your company who will be responsible for administering this contract.
Claudia Than Contracts Administrator
Name
3102A2 8284 Ext. 130 3102028325
Fax Number
Title
cthan@thecrossin g guardcompany.com
EmailAddressTelephone Number
Sub Contractors:
lf awarded, will you be using sub contractors to carry out the scope of work required in this RFP? I yes, we will be using sub contractors and have listed their contact information below.
F tlo, we will not be using any sub contractors for this project' Company Name Contact Name Title
Telephone Number Fax Number EmailAddress
Please explain the working relationship between your company and the sub contractor sub-co for these services
12 53
Proposal Submittal (continued):
Vendor Name Ail City Management Services, lnc
Background and Recent Experience with Similar Projects:
ln the space below, please provide a narrative explaining your background and recent experience with similar projects as the scope of work identified in this RFP. (Please attach additional sheet if needed.) Please see our "Supporting Information" tab included in our response for additional details 13 54
Proposal Submittal (continued)
Vendor Name: AllCify Management Sewices, Inc.
Work Plan for Each Required Task:
ln the space below, please describe in detail the methodology you will be utilizing to conduct for each task. (Please attach additional sheets if needed.)
Please see our "Supporting Information" tab included in our response for additional details 14 55
Proposal Submittal (continued)
Vendor Name All Citv Manascm nnf Services lnc
References
Please supply the names of companies/agencies for which you recently supplied comparable goods/services as requested in this RFP. A minimum of three (3) references is required; additional references are optional.
References from public agencies are preferred. Do not include the City of Torrance as a reference for this RFP.
Name of CompanyiAgency City of Lomita
Email Address of Contact:
Street Address. 540 Pier Avenue
City, State Zip Code Flermosa Beach, C
^
90254
3 10 3 l8 0209
pahlstrom@hermosabeach. gov
1 Street Address
City:
State, Zip Code
What Product/Service did you provide
to this Company/Agency?
Name of Person to Contact:
Phone Number of Contact
Provide Crossing Guard Services for six (6) locations
Lina Hernandez, Senior Management Analyst
lina.hernandez@lomitaci com
24300 Narbonne Avenue
Lomita, cA907l7
310 325 7l l0 Ext. l5l
Provide Crossing Guard Seryices for seven (7) locations 2 SN [email protected]
Cindy Snyder, Director of Purchasing
310 896 3420
Palos Verdes Pensiuula Uniñed School District
38 Crest Roact West
Name of Company/AgencY:
Street Address
City, State Zip Code Rolling Hills, CA 90274
Name of Person to Contact
Email Address of Contact
Phone Number of Contact:
What Product/Service did you provide
to this Company/Agency?
rovide Crossing Guard Services for fourteen (i4) iocati City of Hermosa BeachName of Company/Agency
What ProductiService did you provide
to this Company/Agency?
Peter Ahlstrom, Community Services ManagerName of Person to Contact Phone Number of Contact:
3 Email Address of Contact
15 56
RFP Submittal Req uirement and Acknowledqement
Yo ah VEmust icatend owbel thatutheof s isted elowb youiredu ato swern aô chareVendors questionreq tosheets RFPittal mou attachust additionaln tnation S bmu yourthed formts pyour roposalprovid submittal describ in detail the service are
ffi ves I tloDid you include a signed Affidavit Form with your RFP Submittal? E Yes I r.¡o
Page _ of our submittal
Did you attach additional sheets to answer the Background and Recent Ëxperience with Similar Projects information on page
-
of this RFP?
EYesINoDid you complete a project proposal as described in the Technical Requirements?
Did you include all addenda if any issued by the City? ffi ves ! tlo ffives[ruo
Page _ of our submittal
Have you included Proposed Aiternative Language to City's Pro Forma Consulting Services Agreement (if applicable)
Proposal Submittal (continued)
Vendor Name Ail City Management Sen¡ices, Inc
RFP Scope of Work Questions
Did you include original and 3 copies of your RFP Submittal? Did you include resumes of no more than three (3) qualified candidates? Did you include References?
Are your Wage Rates (Non-Prevailing) lncluded?
lndicate what page in your
proposal you have answered
this uestion
E Yes f ¡lo
ffivesfNo
Page _ of our submittal
H ves I t¡o
Page -- of our submittal
ffi ves I t'lo
Page _ of our submittal
16 57
Proposal Submittal (continued)
Vendor Name All City Management Services, Inc.
*Pricing total is based on three (3) years of program pricing, 202312024 - 202512026. 2023 12024 - $ I 54,778.00
202412025 - $ 163,800.00
2025 t2026 - S 1 72,570.00
**Indicates montly cost for services related to202312024 school year ffiYes[ruo
Page _ of our submittal
RFP Submittal Requirement and Acknowledgement Continued Vendors are required to answer each of the questions listed below. You must indícate below that you have provided this information in your proposal submittal. You must attach additional sheets to your RFP submittal describing in detailthe service are proposing.
RFP Scope of Work Questions
lndicate what page in your
proposal you have answered
this uestion
Please indicate your price to provide monthly services as indicated in this RFP $ 17.197.60** /Month
Did you describe your approach and disclosure of potential challenges and issues that need to be resolved?
Did you describe your experience with providing similar service(s) to other public agencies?
ffivesIruo
Page _ of our submittal
Did you describe the background checks that are conducted on crossing guards, and a brief description of crossing guard training program, and safety training and program?
EvesINo
Page __ of our submittal
Price proposal submittal to complete the work described in this RFP $ 491, t48.oo* 17 58
Proposal Subm ittal (continued)
Vendor Name: All City Management Services, lnc.
Field Operations $ 2+,s9s.oo
Price Pro
ln accordance with your "Request for Proposal", the
Torrance. We understand that our price submittal is
following price proposal is submitted to the City of
a not to exceed amount and that if we are selected to
otiations with the City the pricing may be adjusted down unless additional services are usted accordwill be n otiated anduested and nctn
enter into neg
Proposal Not to Exceed
Amount by Category DescriPtion
Category DescriPtion
(Vendor must attach a full description for each category explaining what they are proposing) All services must be itemized not bundle
$'sl+,l52.aoGuard Wages ll Taxes and CA Sick Leave)w/P
33,459.00
3 1,871.00
W
Workers C ensation Insurance
llTaxes and CA Sick Leave
$ r z,zzo.ooLiability Insurance
$ 4o,2B8.ooGeneral Administratlve
$t3,4r3.00Expected Retum / Prot'it Margin
$ 49 r,l48.ooTotal Amount for Project
18 59
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
ATTACHMENT 1
PROPOSER'S AFFIDAVIT
l)emetra Farwell being first duly sworn deposes and says
1. That he/she is the Corporate Secretary _ 61 All City Management Services, Inc (Title of Office) (Name of Company)
Hereinafter called "proposer", who has submitted to the City of Torrance a proposal for RFP No 82023-30 "Supþlemental Crossing Guard Services"
(Title of RFP)
2. That the proposal is genuine; that all statements of fact in the proposal are true;
3. That the proposal was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not named or disclosed;
4. That the Proposer did not, directly or indirectly, induce solicit or agree with anyone else to submit a false or sham proposal, to refrain from proposing, or to withdraw his proposal, to raise or fix the proposal price of the Proposer or of anyone else, or to raise or fix any overhead, profit or cost element of the Proposer's price or the price of anyone else; and did not attempt to induce action prejudicial to the interest of the City of Torrance, or of any other Proposer, or anyone else interested in the proposed contract;
5. That the Proposer has not in any other manner sought by collusion to secure for itself an advantage over the other Proposer or to induce action prejudicial to the interests of the City of Torrance, or of any other Proposer or of anyone else interested in the proposed contract,
6. That the Proposer has not accepted any proposal from any subcontractor or materialman through any proposal depository, the bylaws, rules or regulations of which prohibit or prevent the Proposer from considering any proposal from any subcontractor or material man, which is not processed through that proposal depository, or which prevent any subcontractor or materialman from proposing to any contractor who does not use the facilities of or accept proposals from or through such proposal depository;
7. That the Proposer did not, directly or indirectly, submit the Proposer's proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Torrance, or to any person or persons who have a parinership or other financial interest with said Proposer in its business.
B. That the Proposer has debarred from participation in any State or Federal works project Dared thisSl day
..).
2U<5
(Pro pose ignature)s
Demetra Farwell, Córporate Secretary
(Title)
19 60
CALIFORNIA JURAT GOVERNMÉNT CODE g 8202
r.ssËâ.¡r'iåì*K¡¡hx*i$#dìû.ri.4iÞ$it#ì*A#þâra*ätsñ.{Þ-{!É&¡*,wãx*sq¡tr#.ÐA!rr.¡*á*idjs&:&Ë*trrr*:*,ãâr{dl'i*ìr¡|"ÉøìúÈ*sÞhXsåë7 A notary public or other officer completing this cedificate ver¡fies only the identity of the individual who sìgned the document to which this cert¡ficête is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Lð:i r" /t':
Subscribed and sworn to (or affirmed) before me on
tn¡s -:l/ day of
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(1)
'b¿¡n ofu
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Nome(s) of Signe(s)
proved to me on the basis of satisfactory evidence to
be the person(s) who appeared before me.
Signature
Ploce Notory Seql ond/or Stornp Above Signoture of NotorY Public
OPTIONAL
Compteting this information con deter alterotion of the document or froudulent reattachment of th¡s form to on unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: Number ofPages:
Signe(s) Other Than Named Above:
@2019 National Notary Association
,a..íl'>'^ Nlcotg R. sltlTH
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61 T ab 2 - Supporting Information
62 Statement of Qualif ications and Experience
AII City Management Services, Inc. (ACMS) Serving over 310 cities, counties, and school districts, we have successfully privatized and exclusively provided Crossing Guard services for over 38 years. ACMS currently employs over 8,500 Crossing Guards who are supported by over 150 locally assigned Area Supervisors and second level management. We have experience managing small programs (19 or less), mid-sized programs (20 to 99) and large programs in excess of 100 Crossing Guards.
Our ability to operate and manage the City of Torrance Supplemental School Crossing Guard program is supported by our current success operating the City of Torrance Supplemental Crossing Guard program and with similar programs in Southern California, a few of these programs include:
City of Bellflower, City of Commerce, City of Downey, City of Lomita, City of Manhattan Beach, City of Lawndale, Norwalk-La Mirada School District, City of Huntinglon Park, City of Bell Gardens, City of Carson, City of Whittier, Beverly Hills Unified School District and Los Angeles County Office of Education, and many others.
We also have successfully managed programs in over 20 states, some of them include Town of Cary, NC, City of Dallas, TX, City of Fort Worth, TX, Kansas City Public Schools, MO, City of Overland Park, KS, Portland Public Schools, ME, Town of Wallingford, CT, Frederick County, ME, Village of Ridgewood, NJ, Wayne Township, NJ, City of York, PA, City of Cleveland Heights, OH, City of Grand Rapids MI, City of Appleton, WI, Town of Normal, IL, Des Moines Public Schools, IA, Town of Munster, IN, Santa Fe, Public Schools, NM, Cify of North Las Vegas, NV and many others.
Another defining component that distinguishes ACMS as the industry leader is our focus on providing School Crossing Guard services. We are not a security guard company with a few clients based upon a low-cost offering. Our singular area of service; " Keeping Children Safe" enables all of our resources to be devoted to the development and delivery of programs that provide exceptionally high safety standards and client satisfaction. It should be noted that ACMS has never lost a client agency due to the level ofservice provided.
It should be noted that ACMS has never lost a client agency due to the level of service provided. 11 63
nflils ,AJn Cllffiz SI¡:,I,ïAG3IUENT SßR\/TCBS
COMPANY PROFILE
Alt City Management Services, Inc. (ACMS), is a California based Corporation founded in 1985.
We are the largest provider of School Crossing Guard services, managing both large and small Crossing Guard Programs. We cunently have over 8,500 employees dedicated to safety, serving cities, towns, communities, schools, and school districts nationwide.
One defining issue that distinguishes ACMS is that we are the only company that exclusively provides School Crossing Guard Services. It is our commitment to limiting the scope and focus of the company to School Crossing Guards that has helped us emerge as "The Crossíng Guard Company". We have successfully privatized the Crossing Guard programs for over 300+ agencies.
Ultimately our clients become the beneficiaries of our single-minded approach toward this industry, The heart of our business is in assuming responsibility for the task and challenges of conducting a successful Crossing Guard Program. Toward that end, in our typical contractual arrangement we assume responsibility for; recruitment, local hiring, background clearance compliant with Department of Justice standards, initial and ongoing training, payroll and administrative support functions, coordination of assigning qualified substitutes during absences, local supervision, complaint investigation and resolution, communicating with schools and site safety inspections.
One of the benefits we bring to any agency is our expertise in overseeing a seamless transition from public to private management of the program. The continuity of the Crossing Guards' employment is a key component of a seamless transition. We value the experiences and understanding of the Crossing Guards cunently working in each program we manage. Much of our success with individual programs is a result of the experience and knowledge these Crossing Guards bring to our management.
With over 36 years of experience, ACMS leads the Crossing Guard Industry in the development of Crossing Guard standards for training, supervision, and safety. Each program we have taken on has brought a unique set of issues and challenges. The heart of our success has been our ability to articulate these challenges and experiences into our training, policies, and procedures to benefit all Crossing Guards in all the cities, towns, and communities we service.
All City Management Services, Inc. has not lost a client agency due to failure or refusals to complgte a contract and has not lost a client agency due to the level of service provided. 12 64
Company Data
Atl City Management Servicesr lnc.
Corporate Office
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, CA 90670
Phone: 310202 8284 Fax: 800 430 1059
24-hour number is 877 512 2267
https ://thecrossingguardcompany. com
Federal Tax ldentification Number: 9 5 -397 I 5 | 7
Bid Direct Point of Contact
ACMS represents the following person is authorized to negotìate on their behalf with the City of Torrance in connection with this RFP:
David Mecusker, Marketing & Contracts Manager
Phone: 3102A2 8284 Ext. 107
david@thecrossingguardcompany. com
Satellite Offices
Texas Nevada
2012E. Randol Mill, Ste. 222 4775 W. Teco Ave., Ste. 235 Arlington, TX 76011 Las Vegas, NV 89118
Phone: 817 962 0ll0 Phone: 702 675 3135
Fax: 800 430 1059 Fax:702 750 21 10
Kansas
8928 Nieman Road
Shawnee, KS 66214
Phone: 800 540 9290
Fax: 800 430 1059
All City Management Services, Inc. was established on May 3, 1985, as an S Corporation and has not conducted business under any other business name. All City Management Services,Inc. is not partially owned by another business organization or individual. All City Management Services, Inc. has 38 years of experience providing crossing guard services. Baron Farwell; President and General Manager owns one hundred percent (100%) of stock outstanding. Brian Brooks is our Chief Operating Officer and Demetra Farwell is our Corporate Secretary for All City Management,Inc.
All City Management Services, Inc. has not lost a client agency due to failure or refusal to complete a contract and has never lost a client agency due to the level of service provided.
All City Management Services, Inc.'s financial interests are associated with Crossing Guard and has no financial interest in other lines of business.
L3
65 AILJL CIIT|Y Nfl-ANA(}mA/flr,gF$Tf SERV]ICES
\,irrrrr Manager
Director, Admin Services
D. Farrvell
Director of Marketing
Harlan Sims
Marketing Manager
Chief Operating Officer
Brian Brooks
Owner
Baron Farwell
National Operations
Manager
V.P. of Operations
Patricia Pohl
l'ayroll / Accounting
Managers
Comptroller
John Varner
åmr$
Payroll Specialists /
i\ccounting Specialists
Expense Management
Accounts Pavable
Client Satistaction
Operations Mangers
Area Supervisors
Crossinq Guards
Client Satislaction
Marketing Assistants
Business Development/
Contracting
Client Satisfaction
HR C<¡ordinator
Vendol Relationships
Inventory
Insulance
CIient Satisfàction
74 66
ngils "&u. etrY $tu$-J\aGËnWEl-Yi sjgr$ïcEs
City of Torrance
Project lVfanager
Rona Hodges
424 521 5058 cell
ronal4thecross in gguardcom pan-Y.com
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t
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t
Area Supervisor
Leah Woods
424 szl 5674
[email protected]
7 Crossing Guards (7 Relief Guards)
Vice President of Operations
Patricia Pohl
310 877 7045 cell
pat(@thecrossin gguardcom pany.com
National Operations Manager
Kim Brooks
9r3 333 2563 cell
kim@thecross in gguardcom pany.com
15 67
Field Managemcnt Personnel
The most significant resources ACMS brings to any Crossing Guard program is the depth and scope of management provided by the years of experience brought by our operational management team. The community of Tonance will continue to benefit from a team concept which consists of Area Supervisor, OperationsÆroject Manager, National Operations Manager and Vice President of Operations. Each Member of our management team is available 24 hours a day via cellular telephone. The following is a brief synopsis of the respective duties of each.
Area Supervisor (Leah Woods) Leah will continue to be the Area Supervisor for the City of Tonance mossing guard program. She will continue to handie all aspects of the daily supervision of the program of seven (7) Crossing Guards and altemate/relief pool of seven (7) Crossing Guards. With support from the Project Manager and National Operations Manager, Leah will typically recruit, hire, train and provide personnel management for all the sites he oversees and interface with school staff as needed. In addition to communicating with the School staff, he is responsible for ensuring each employee receives the proper number of Site Performance Evaluations, completed the Certification mandates. Leah Woods reports directly to the Operations/Proj ect Manager.
Regional Manager (Rona Hodges): Rona will continue to serve as Project Manager and will continue to directly manage your Area Supervisor and provide training and support. She will interface with the City representatives and School staff as needed. She will assist in the hiring of the Crossing Guards as well as the development and implementation of training programs and certification standards. Rona has considerable experience as a Project Manager overseeing many programs in Southern Califomia. She will continue to ensure compliance with Company standards and City expectations and be the liaison to the Cify. Rona Hodges reports directly to the National Operations Manager.
Operations Manager (Kim Brooks): Kim has over 6 years in the industry providing field management and support for ACMS. She is responsible for the development and implementation of operational standards, training programs, safety instruction and compliance with all legal requirements and restrictions. Works directly with Project Manager to ensure all program standards are being met. Kim has extensive experience implementing and managing comparable and larger programs. She is responsible for initial training and orientation for all new client programs. Kim Brooks reports directly to Vice President of Operations.
Vice President of Operations (Pat Pohl): Pat has over 27 years of industry experience. She is responsible for overall contract compliance. Works with the Regional Support Manager on the development of training programs and implementation of safety standards. Coordinates the flow of information between operations and administrative staff. 76 68
Approach and Management Plan
ACMS employs a Team Concept of management which results in efficient field operations as well as providing a multifaceted response to potential problems. The Vice President of Operations and National Operations Manager work together (with input from City of Tonance) to establish specific program objectives and expectations. These Senior Managers then work directly with your Operations / Project Manager and Area Supervisor to implement the management plan.
The Project Manager along with your local Area Supervisor; has responsibility for the direct management of the Crossing Guards and together they will ensure City of Tonance operational expectations are met. Standards and expectations are communicated to Crossing Guards personally by their local supervisor so as to allow the employee a better understanding of the decision-making process. This helps reduce confrontational anitudes by establishing and enhancing the common goal of providing for the safety of school children.
Crossing Guard performance and compliance with safety standards will continue to be accomplished through regular site visits by the local Area Supervisor and Project Manager. In addition to verbal training and counseling, these managers are supported by the use of Field Training Check Lists, Field Training Cards, Site Performance Evaluations and independent Field Observations. Reports of satisfactory completion of all levels of training and ongoing safety reviews will be summarized and available to the City of Tonance representative.
Background checks will be completed on all potential employees as allowed by Califomia state Iaw. Successful completion of the fingerprint based criminal background check, Security verifrcation via E-VeriS is required prior to the employee being hired. ACMS will comply within the EqualEmployment Opportunity Commission guidelines when making hiring decisions based on criminal records.
After pre hire screening ACMS may conduct random field testing for drugs and or alcohol when use is suspected or at the discretion of management. ACMS has a strict policy on Drug and Alcohol abuse. This policy is included in our Employee Manual.
Internal minimum passing standards along with City of Tonance established standards would prevent any person from working as a Crossing Guard for the program who has been convicted of any crime of moral turpitude or a crime against children, including, but not limited to:
¡ Conduct in violation of Califomia Penal Code or which requires registration under California Penal Code
o Conduct which requires registration under the California Health and Salet-r. Code . Any offense involving the use of force or violence upon anothet person. . Any offense involving theft, fraud, dishonesty, or deceit.
L7
69 r Any offense involving the manufacture, sales, possession or use of a controlled substance.
. Conspiracy or attempt to commit any of the aforementioned offenses. . Any registered sex offender or narcotics offender
Summary reports of background clearance on employees within the Cify of Torrance Crossing Guard program will be regularly available to the City.
ACMS will investigate all public complaints conceming crossing guard services. All incidents shall be reponed to City within two (2) hours to advise the nature of complaint. ACMS shall fumish a written report within five (5) business days after the date of the incident, which includes the course of action/remedy/resolution of said complaint.
Communications with individual school sites is facilitated by the Field Supervisor. Personal visits are made regularly (minimum quarterly) to each school site in an effort to develop relationships with staff and establish a collaborative environment for information exchange.
Calendars and bell schedules are obtained for each school both at the beginning ofthe school year and periodically throughout the year. Key school personnel are supplied with appropriate contact information (business cards) and reminded to inform ACMS of any changes.
Additionally, schools are provided with large magnets which can be easily displayed, making contact information effectively available to all staff. The email address of the Office Manager is also obtained which enables ACMS administrative support staff to regularly contact each school and proactively solicit information regarding potential schedule changes.
The establishment of accurate and responsive shift times is critical to the effectiveness of Crossing Guard services. Sites further from the school would be expected to start earlier in the morning and finish later in the afternoon. These staggered shifts effectively address the time it takes for students to walk from a remote location to the school site (or vice versa in the aftemoon) and optimize the protected periods. Additionally, locations are continually monitored for actual pedestrian traffîc pattems enabling a better understanding of site needs and any potential deviation from established guidelines.
ACMS Area Supervisors are in the field daily when crossings are covered by the guards, and they ensure all guards arrive on time and are ready for duties as scheduled. ACMS is in the final stages of developing an application (App) that will monitor guard attendance via cellphone and will improve efficiency in our timekeeping' 18 70
Recruitment and Staffing
ACMS Managers will continue to assess the staffing needs of the City of Torrance on an ongoing basis. We will focus further recruitment efforts in the geographical areas where additional Crossing Guards will be needed.
We have developed a comprehensive plan for the recruitment of new Crossing Guards.
As a part of our staffrng strategy, we encourage a very aggressive recruitment program.
We utilize soft advertising, local media advertising, targeted flyers, on-site solicitation, school flyers and employee referral bonuses as parts of our overall recruitment strategy.
We often work closely with school districts in some of our recruitment drives.
Our ability to effectively staff a Crossing Guard Program remains a fundamental benefit that ACMS brings to most Crossing Guard Programs. Staffing sites are one of the primary responsibilities of the Area Supervisors. They are trained to continuously recruit and train prospective Crossing Guards. New recruits are first processed and submitted to the Department of Justice for background clearance.
Supervisors are also responsible for coordinating the staffing for all sites under their supervision. As part of our staffing strategy Area Supervisors aggressively enforce the following policies and procedures for Crossing Guards.
t Supervisors must maintain an adequate altemate or substitute guard roster. We encourage at least a 5 to I ratio of sites versus alternate guards.
I We require any guard not reporting for duty to notifu the Area Supervisor as early as possible utilizing our 2417 Guard Hotline or directly notifring their Area Supervisor. Notifications less than I hour prior to shift starts are considered unexcused absences. i Our employee policy is "No call, No show, No Job" Throughout our training we emphasize the importance of ensuring the safety of children by our presence. As such, we cannot allow the children's safety to be compromised by failing to call or no show for duty.
Supervisor Teams * The Cify of Torrance would continue to benefit from our presence in nearby cities such as: Lomita, Rancho Palos Verdes, Palos Verdes Peninsula, Manhattan Beach, Vernon, Bellflower, Compton, Lennox, Lawndale, Lynwood, South Gate, Commerce, Huntington Park, Cudahy, Caron and El Segundo. Area Supervisors are grouped together by their geographic location. These Teams meet every quarter and team members are encouraged to work together. This cooperative effort allows them to share relief guards with each other, if needed. This has resulted in alternates guards getting more hours as they are "shared" with other Supervisors. Consequently, we are able to retain a more stable group of alternate guards.
t9
71 Employee Retention: To enhance employee satisfaction and support our retention efforts, ACMS reviews guards wage rates annually in an effort to continually remain competitive in the local labor market. If contractual and budget requirements allow, we plan to offer small wage increases a minimum of every two (2) years based upon performance and tenure.
We also provide publicized employee recognition through our Crossing Guard of the Year programs and Length of Service Awards. Additionally, w€ provide local Area Supervisors and a small budget for employee socials'
20 72
Training
Effective initial and ongoing training is essential in a profession dedicated to the safety of children. With over 38 years of experience and a commitment to working cooperatively with other public safety professionals, ACMS is recognized as an industry leader in the development and implementation of School Crossing Guard training and standards of excellence.
The process begins during the first contact with a potential employee when our phone interview process outlinesjob expectations and our zero-tolerance policy for failure to report for a icheduled shift. Throughout the application process prospective employees are reminded about the critical nature of our assignments and the work ethic and integrity required of our employees.
Once hired, the training process starts in the classroom where employees review sections of the ,,Employee Handbookfor School Crossing Guards" and are shown the professionally produced training DVD, "Crossing Guard Safety". The process then moves to a field practicum where the trainer demonstrates proper procedures and allows the employee to practice correct techniques. The employees' progress is closely noted on the detailed steps outlined on the the Field Training Check List to ensure the employees' field competence. This cross-modality approach not only exposes the employee to the necessary training components but also uãàr"sr"s the needs of the visual, auditory, and kinesthetic leamer. While the classroom setting is expected to require approximately one hour and the field training approximately two hours, it is important to nòte that the low ratio of students to trainer allows for accurate assessments of the employees' readiness to move forward.
The new employee is typically assigned to alternate work and closely supervised during their early assignments. They benefit from their trainer completing a written assessment of their work which better allows them to understand their strengths and weakness and make improvements where necessary (the Site Performance Evaluation). Additionally, all new ernployees are required to carry and regularly refer to the Field Training Cards. This pocket' sized card (listing all steps for a safe cross) allows the employee to self-evaluate their performance prior to the time they have all steps of the procedures memorized.
Throughout their employment, employees are subjected to the same Site Performance Evaluation as an ongoing training and assessment tool. These evaluations happen in both side- by-side sessions as well as unannounced observations without the knowledge of the employee.
The standard issue equipment and clothing includes:
. ANSI II compliant high-visibility retro-reflective vest markc'd vrith the recluired insigr.ria of a Crossing Guard
o MUTCD compliant lS" STOP/STOP paddle
r Picture Identification Card with emergency contact information r Company-issued cap or visor with corporate logo
¡ Whistle for emergency alert to vchicles and pedestrians ¡ High-visibility ANSI iI compliant wind-breaker jacket 2l
73 Tab 3 * Additional Information / References
74 References for Crossing Gual'cl Services
,dll current clients
City of Cypress (since 1996)
5275 Orunge Avenue
Cypress, CA 90630
Denise Basham, City Clerk
Phone: 714229 6604
Email : [email protected]. us
Cify of Aliso Viejo (since 2002')
12 Journey, Suit€ 100
Aliso Viejo,CA92656
John MacPherson, Lieutenant
Phone:949 4252561
Email : j [email protected]
City of Tustin (since 2009)
300 Centennial Way
Tustin, CA 92780
Ryan Coe; Sergeant
Phone: 714 573 3219
Email: [email protected]
City of Garden Grove (since 2009)
11222 Acacia Parkway
Garden Grove, CA 92840
Kevin Brody; Captain
Phone:714741 5819 I
Email : [email protected]
City of Newport Beach (since 1998)
870 Santa Barbara Drive
Newport Beach, C^92660
Spencer Arnold; Sergeant
Phone: 949 6443744
Email : sarnold@newportbeachca. gov
City of Laguna Hills (since 199-l)
24035 El Toro Road
Laguna Hills, CA 92653
Aaron McFatridge, Sergeant
Phone: 949 497 7700Ex|5222
Email : [email protected]
City of Lake Forest (since 2003)
25550 Commerce Center Dr., Suite 100
Lake Forest, CA 92630
Brett Channing; Management Svcs. Director
Phone: 949 282 5215
Email : bchanning@lakeforestca. gov
City of Artesia (since 2005)
18747 Clarkdale Avenue
Artesia, CA 90701
Pradeep Elayath, Administrative Manager
Phone: 562865 6262
Email : [email protected]
City of Fullerton (since 1996)
237 Commonwealth Avenue
Fullerton, CA92832
Mike Chlebowski; Commander
Phone: 714738 6816 I
Emai I : mchlebowski@fu llertonpd.org
Cify of Los Alamitos (since 20t6)
3201 Katella Avenue
Los Alamitos, CA 90720
Sean Connolly; Captain
Phone: 562 431 2255 Ext.420
Email : sconnolly@cityofl osalamitos. org
City of Solana Beach (since 2018)
635 S. Highway l0l
Solana Beach, CA92075
fumga Viskanta; Financial Management Asst.
Phone: 858 720 2467
Email : [email protected]
Cify of La Palma (since 1998)
7792Walker Street
La Palma, CA90623
Ron Wilkerson, Captain
Phone: 714 690 3381
Email : police@cityofl apalma. org
l{ith over 310 natíonwíde clients, we would be happy to supply additional references íf needed. 22 75
Added Benefit / Unspecified Value
All City Management Services, Inc. (ACMS) has developed a Crossing Guard "App" that is geo- fenced, which only allows guards to clock in once they are actually on site. This "App" will indicate when a crossing guard is on site and more importantly, allows ACMS to quickly identiS when a guard is not on site.
This "App" will allow ACMS to not only quickly determine where staffing efforts are needed but also will improve our billing and invoicing accuracy. Our billing/invoicing is tied to our payroll and by having a more efficient process for timekeeping, this should eliminate potential billing inaccuracies.
There is no additional cost to have this incorporated into the City of Torrance Crossing Guard program and if awarded, we expect to roll this out for the 202312024 school year, 23 76
Tab 4 - Exceptions
77 Requested Exception Narrative
1. Submittal Requirements - I Original and 3 Printed Copies and Company Officer's signature on Affidavit.
Exception: If awarc{ed, we reques[ to províde signalttres needed after the week of July 17, 2023.
Our Ccsrpot'ate Office is under remodeling./rorntheweekof,Iuly 3,2A23, throughJuly 14,2023.
With otç. ffice being closed þr tuvo weeks, our Ou,ner/General fulanager and Corporute Secretary have taken vacatiott and will not return until July 17, 2023.
After this time, Iv,ould be able to provide the necessary signatures neededfor this praposal.
Adclitionalty, with our offices being closes I did not have access to sttpplies and mct[erials needed for Íhe hardcopy subntission of this proposal and requesl the City to please accept lhis digital response as a placeltolder until \ye can st¿lsrnit tlte required proposeil docu¡nents. l4/e hope the Ciry*Jìncls this rec|uest reasonable cnc,l acc'eptable.
2. Contract Sen'ices Agreement - Section 4, Termination of Agreement; Item I CITY may, at any time, terminate the agreement for the CITY'S convenience and without cause.
Exception: If awarded, we u,ould request this section allow for botlt the Ciry- and lhe CONTRACTOR to both mutually hat'e this option.
We hope the City./ìnds tÍtis reqnesÍ reasonable and acceptable.
3. Contract Services Agreement * Section l6 Indemnification Exception: If au,arded, yt€ w*ould reqrrcst this section allou,for both the CITY and the CONTR ICTOR to have shared liability in the event of a claimiloss' Plecse see olu' preferred verbiage below:
"Cantractar agrees ta defend, indemnify und hold harmless the City, its officers, entployees, agpnts and represenlatives, f'om and against any arud all actions, claims.þr rlamages to persons or property, penalties, obligalions or liqbilities (ectch a "Claim" and collectively, the "Ctaims") that muy be asserted or claìmed by any person, firm, entiry, coryorütian, political subdivision or other organizalion arising out of the negligent acts or ontissions, ar wiltful misconduct, of Conn"aclor, its agents, employees, subcontractors, representatives or invitees.
24 78
Contractor v,ill defend dny action or actions frled in connection v'ith any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including atlorney's fees incurred in conneclion herev'ith.
Contractor v,ill promptly poy any judgment rendered against the City, its fficers, agenis or ernployees þr any such claitns, damages, penaltíes, obligatíons or liabilities.
In the event the City, its officers, agents or employees is made a party to ûny ac{ion or proceeding filed or prosecuted againsl Contractor for such damages or oÍher claíms arising out of or in connection v,iîh the sale negligence of ConÍrttctor hereunder, Contractor ogrees to pay the City, its officers, dgenis, or ernployees, any and all casts and expenses incured by the City, its fficers agents or employees in such uction or proceeding, including, but nol limíted to, reasonüble atîorney's fees.
In the event that ü court determines thct líability for øny Clairn was caused or contributed to by the negligent ect or omisston or the willful misconduct o.f the City, tiãbility will be apportioned between Contractor and the City based upon the parties'respective deg'ees of culpability, as deteymined by the court, and (lontractor's duty to indemnifit the Cily will be limited accordingl¡t.
Nonvithstanding anything to the contrary cr¡ntained herein, Contractor's indemnificatíon obligation to Cityfor Claints under thís Agreement vt'ill be limited to the maximunt contbined aggregate of Contuctor's general liability and unbrellct insurance policies in the amotnt of 36,000,000 (Six lvlillion Dollars). llte hope the City fnds this request reasonable and acceptctble tt)
i;i
rl i
i;. i
25 79
Appendix
80 PATRICIA J. POHL
21896 Red River Drive, Lake Forest, CA 92630 .310.877,7045
WORK ISTORY
2010 to present All City Management Services, [nc.
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, Califomia 90670
Vice President of Operations: Full responsibility for the planning, direction and coordination of all held- based leadership personnel nationwide (250+). Accountable for development and implementation of cosl- effective p.oceåuies to meet current and future company needs. Responsible for allaspects of operations to ensure successful compliance with policies and procedure resulting in achieving optimum safety standards' 1998 to 20t0 AllCity Management Services,lnc.
1749 South La Cienega Blvd.
Los Angeles, California 90035
Operations Manager: Accountable for management of day-to-day operations of field 50+ area supervisors.
Responsible for development, implementation and compliance for all training programs as well as Safety Certification standards for ail Crossing Guards'
1994 to 1998 All Cify Management Services, Inc.
1749 South La Cienega Blvd.
Los Angeles, California 90035
Area Supervisor: Responsible for hiring, training, coordinating and scheduling 45 school crossing guards.
Served as company liaison to city governments, school districts and community. 1967 to 1994 Various Management, Sales and Administrative Positions Restaurant Manager, Advertising Sales Account Representative, Executive Assistant, Office Manager:
Employment histãry of repeated promotion to positions of leadership and management based on work ethic and commitment to the success of employer.
PROFESSIONAL ASSOCIA'TIONS
Previously invited to serve as the only private sector representative on:
California Crossing Guard Training Expert Review Panel
Safe Routes to School Technical Assistant Resource Center (SRTS TARC) a project of California Active Communities within the California Department of Public Health (CDPH) Previously retained as Expert Witness and Person Most Knowledgeable in several litigations related to personal injury accidents involving School Crossing Guards.
Florida Department of Transportation
School Crossing Guard Trainer Ce*ification, currently status; active 81 Kimberly M. Brooks
15607 W. 83'd SÞeet. Lenexa, KS 66219. (913)952-9159
kim@the cr os s i nggtt ar dc o mp any. c o m
NI-TIONAL OPERATIONS MANAGER
Proven advocate for pedestrian safety by effectively administering company policies and procedures to employees. Operations leader that utilizes training and mentoring techniques to develop continuous improvement efforts with Regional Managers toward staff development.
Skilled in organizing staff and planning for complete site coverage. Effective in recruiting from various sources and using system planning to align resources. Excellent communicator capable of building reiationships with clients, supervisory staff, guards, and intemally at any organizational level. ./ Client engagement
/ Recruiting & Training
,/ Relationship Builder
'/ Safety focused
./ Coaching & Mentoring
,/ Problem-solver
Professional Erperie nce
ALL CTTY MANAGEMENî SERVICES
Regional Support Manager - May 2020 to Present
. Responsible for overseeing the day-to-day functions of the Regional Manager o Jdenti& challenge programs in cooperation with Regional Manager' o Oversee Client Relationships.
o Assist in the development and transition of new programs.
National Advertising and Recruiting Coordinator - February 2018 - May 2020 . Manage advertising and nationally.
r Recruit, hire and train Recruiting Coordinators to build relationships within their community . Collaborate directly with Regional Manager to combat staffìng issues within areas directly. . Develop new strategies for recruiting.
Regional Supervisor - September 2016 to 2018
o Administer policies through training of supervisory staff and monitoring compliance of guard performance.
¡ Serve as liaison with contracting point of contacts and company to communicate and resolve any operational issues such as site modifications and pedestrian counts. ¡ Oversee programs covering over 200 sites in Kansas, Missouri and lowa. r Other duties include approving payroll, onboarding and training employees.
Area Supervisor - July 201 6 to 20 I 8
e Recruit, train and staff crossing guards in the City of Lenexa. r Overall administrative functions for the area.
2016 to Present
82 Over thirty yeúrs of experience ín providing communities witlt PRO FESSIONAL SCHOOL CROSS/A/G GT]ARD S¿fr VTCES
Aru,CTTY SMRWCHS
83