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HomeMy WebLinkAboutItem 24 - School Crossing Guard AgreementPublic Works Agency www.santa-ana.org/pw Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: School Crossing Guard Agreement AGENDA TITLE Approve an Agreement with All City Management Services, Inc. for the School Crossing Guard Program for Either up to a Two-year Term in an Amount Not to Exceed $2,593,334, or up to a Five -Year Term in an Amount Not to Exceed $6,869,996 (General Fund) RECOMMENDED ACTION Approve one of the two options below: Option 1: Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a School Crossing Guard Program, in the amount of $2,357,576 with a 10 percent contingency of $235,758, for a total amount not to exceed $2,593,334 for a one-year term beginning July 20, 2021 and expiring July 19, 2022, with an option for a one-year extension, subject to non -substantive changes approved by the City Manager and City Attorney. Option 2: Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a School Crossing Guard Program, in the amount of $6,245,451 with a 10 percent contingency of $624,545, for a total amount not to exceed $6,869,996 for a one-year term beginning July 20, 2021 and expiring July 19, 2022, with options for four, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The School Crossing Guard Services Program (Program) serves three school districts, which includes 35 schools, and dispatches approximately 50 crossing guards throughout the City. During 2020, the Program was reduced due to a decrease in student traffic. It will return to full service in FY 2021-2022 as schools re -open for in -person instruction. The Program was recently transferred to the Public Works Agency, and in November 2020, Public Works issued a Request for Proposals (RFP) for school crossing guard services (Exhibit 1). Five vendors submitted proposals, which were evaluated by a rating panel and ranked based on the criteria included in the RFP. The results are summarized below. Approve School Crossing Guard Agreement July 20, 2021 Page 2 COMPANY RANK All City Management Services, Inc. 1 American Guard Services 2 Command Int'I Security Services 3 CEED Security 4 Alltech Industries, Inc. 5 The proposal submitted by All City Management Services, Inc. (ACMS) is ranked highest, is responsive to the criteria, and meets the City's requirements. ACMS has provided crossing guard services to the City of Santa Ana since 2013 and has a proven record of professional, consistent service provision. As such, staff recommends awarding the agreement to ACMS (Exhibit 2). This item was first presented to the City Council on June 15, 2021 and included a three- year term with two, one-year extensions. The City Council directed staff to look at alternative short-term flexible contract options which would allow the City to work with the surrounding school districts to jointly fund the School Crossing Guard Program. As funding becomes available from the school districts, the cost of this program would be partially paid for by the City and the School Districts. Staff proposes two options. Option 1: a one-year term with one, one-year extension for a total amount not to exceed $2,593,334. Option 2: a one year term with four, one-year extensions for a total amount not to exceed $6,869,996. Due to the importance of providing crossing guard services to Santa Ana school children, staff recommends option two as it allows the crossing guard contract to proceed and service to commence at the start of the upcoming school year while funding issues are resolved. In the event coordination with the school districts extends past the upcoming school year, option two provides a longer, flexible contract that has an optional renewal every year and can be terminated anytime with a 30-day notice to the provider. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The FY21-22 General Fund budget includes $820,980 for the School Crossing Guard Services Program. The proposed contract exceeds budgeted funding. To make up the $466,626 funding shortfall for FY21-22, staff will request a carryforward of any unspent FY20-21 appropriations and re -assess the budget at Mid -year. Beginning in FY22-23, the General Fund budget for this contract will need to increase by $0.5 million to maintain Approve School Crossing Guard Agreement July 20, 2021 Page 3 the increased in cost for providing the service. If services are reduced due to lack of funding, rates will need to be renegotiated as there are significant fixed costs. The table below summaries expected contract expenditures by fiscal year for Option 1. Fiscal Accounting Unit Fund Accounting Unit, Amount Year - Account # Description Account Description Crossing Guard, 2021-22 01117644-62300 General Fund Contract Services — $1,287,606 Professional Optional Extensions Crossing Guard, 2022-23 01117644-62300 General Fund Contract Services — $1,305,728 Professional Total: $2,593,334 The table below summarizes expected contract expenditures by fiscal year for Option 2. Fiscal Accounting Unit Fund Accounting Unit, Amount Year - Account # Description Account Description Crossing Guard, 2021-22 01117644-62300 General Fund Contract Services — $1,287,606 Professional Optional Extensions Crossing Guard, 2022-23 01117644-62300 General Fund Contract Services — $1,305,728 Professional Crossing Guard, 2023-24 01117644-62300 General Fund Contract Services — $1,405,002 Professional Crossing Guard, 2024-25 01117644-62300 General Fund Contract Services — $1,405,002 Professional Crossing Guard, 2025-26 01117644-62300 General Fund Contract Services — $1,466,658 Professional Total: $6,869,996 Approve School Crossing Guard Agreement July 20, 2021 Page 4 EXHIBIT(S) 1. Request for Proposal #20-149 2. Agreement with ACMS, Inc. — Option 1 3. Agreement with ACMS, Inc. — Option 2 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager REQUEST FOR PROPOSALS (RFP) FOR CROSSING GUARD SERVICES REP NO.: 20-149 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 ZDENEK "ZED" KEKULA Project Manager (714) 647-5653 Office wegalvez(&,,santa-ana.org for Release: Edwin "Will am" Galvez City Engineer Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: November 24, 2020 Deadline for Requests for Information: December 17, 2020 Proposal Due Date: January 21, 2021 Projected Award Date: March 2, 2020 a NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than JANUARY 21, 2020 at 5:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR CROSSING GUARD SERVICES RFP NO.20-149 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: ZDENEK "ZED" KEKULA Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For further instructions regarding hard copy submission of proposals, refer to PlanetBids and Section I - Introduction/Program Description in this RFP. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.coM/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City of Santa Ana RFP 20-149 Page 2 a TABLE OF CONTENTS I. INTRODUCTION / PROGRAM DESCRIPTION 4 II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. FIRM RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES & SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS 6 8 IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD 10 A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION 11 A. KICK-OFF MEETING B. NOTICE TO PROCEED VII. PUBLIC RECORDS 11 VIII. APPENDIX ATTACHMENT 1: SCOPE OF SERVICES & CROSSING GUARD LOCATIONS ATTACHMENT 2: FEE PROPOSAL FORM ATTACHMENT 3: STANDARD AGREEMENT ATTACHMENT 4: CERTIFICATIONS City of Santa Ana RFP 20-149 Page 3 a I. INTRODUCTION / PROGRAM DESCRIPTION Nature of Work: The City of Santa Ana, California is soliciting proposals from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. The out -sourced crossing guard program will include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana. The City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract one additional two—year term. It is anticipated that this new contract will commence on July 1, 2021. Number of Proposals and Signature: Three (3) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL" and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company. The Statement of Qualifications, detailed in this RFP under Section III, shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits and/or attachments shall be maximum size of 11 inches x 17 inches. Proposal Evaluation and Rating The criteria for evaluating the SOQ submitted will take the following items into consideration: o Overall understanding 20% o Qualifications and experience 20% o Supervisory personnel's qualifications, experience, time commitment 20% o Overall quality of the proposal 20% o References 20% The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. City of Santa Ana RFP 20-149 Page 4 Term of the Contract: The City desires to enter into a contract with the top scoring firm for an initial three (3) year term with a City option to extend the contract one additional two—year term. This term will be specified outlined in the Agreement. A copy of the Standard Consultant Agreement is provided in the Appendix, Attachment 3, of this RFP. City of Santa Ana RFP 20-149 Page 5 a II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment and financial arrangement for all charges related to the contract. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. Additional financial capacity information, if any, is identified in the Scope of Services — Attachment 1. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cftn?CompMID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City's project manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Services. City of Santa Ana RFP 20-149 Page 6 a F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Services - Attachment 1 within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a "New Vendor Checklist", which outlines insurance requirements. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. H. PRE -PROPOSAL MEETING Should a pre -proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the scope of services and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or her designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written City of Santa Ana RFP 20-149 Page 7 a concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. III. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 2. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 1. STATEMENT OF QUALIFICATIONS a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 3 in the Appendix. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary City of Santa Ana RFP 20-149 Page 8 a contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of Services and associated fee estimate. e. Relevant Project Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, and client name and contact information. City of Santa Ana staff may conduct site visits at select projects. f. References: Proposals shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work to be performed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the work, based upon the requested Scope of Services detailed in Attachment 1 of this RFP. 3. FEE PROPOSAL: The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Services. The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. City of Santa Ana RFP 20-149 Page 9 a 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: Attachment 4-1: Non -Collusion Affidavit Attachment 4-2: Non -Lobbying Certification Attachment 4-3: Non -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend awarding a contract to the top-ranking proposer that will provide the best value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the Standard Agreement attached herein as Attachment 3 in the Appendix. City of Santa Ana RFP 20-149 Page 10 a VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contracts. Consultants and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. For "On -Call" contracts, individual City Project Managers will request project/task specific proposals from Consultants on an as -needed basis. Proposals will then be evaluated by City staff and written NTPs will be issued accordingly per each task order. VII. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 20-149 Page 11 Appendix ATTACHMENT 1 SCOPE OF SERVICES & CROSSING GUARD LOCATIONS I. INTRODUCTION The City of Santa Ana, California is soliciting proposals from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. The out -sourced crossing guard program will include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana at the locations identified in Table A shown in the Appendix Attachment 1, Section VII (page 6 of 8). The City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract one additional two—year term. It is anticipated that this new contract will commence on July 1, 2021. II. BACKGROUND The City of Santa Ana is located in central Orange County approximately 30 miles southeast of Los Angeles. Santa Ana covers 27.2 square miles and is the most populous city in Orange County with approximately 340,000 residents. The City of Santa Ana is the County Seat of Orange County, which can lead to an increase in the daytime population by approximately 50% during normal business hours. Santa Ana is bordered by the cities of Orange, Tustin, Garden Grove, Irvine and Costa Mesa. Santa Ana has a diverse population comprised of 73% Hispanic, 12.4% White, 8.7% Asian, 1.3% Black, and 0.3% American Indian, and Eskimo. There are approximately 54,000 students of all ages currently enrolled in schools throughout the City. The City of Santa Ana has a mild climate with an average annual temperature of 75 degrees, and an average annual rainfall of 13.7 inches. Crossing guard locations are strategically positioned near schools located within the Santa Ana Unified School District, the Garden Grove Unified School District and the Orange Unified School District. During the 2018--2019 school year, crossing guards worked a total of 47,325 hours providing crossing guard services to the children of our community. Data for the 2019- 2020 and 2020-2021 school year are not provided due to the COVID pandemic which disrupted normal walking and pedestrian activity in March 2020 through the publication date of this RFP. All City Management Services currently manages the Adult Crossing Guard Program which consists of 52 crossing guards who provide crossing guard services to 70 locations within the city limits, which are listed in Table A. Oversight was being provided by the Santa Ana Police Department, however in the summer 2020, program oversight was transferred to the Public Works Agency. All City Management Services also oversees the recruitment, training, and management of all crossing guards, as well as their placement at locations as requested by the City. This will be the responsibility of the successful proposer. Page 1 of 8 Non -Fed Funding (6.1.2020) III. SCOPE OF WORK The scope of work consists of out -sourced Adult Crossing Guard Program. The successful contractor shall agree to perform school crossing guard services for the City of Santa Ana and the school districts within the city limits. The scope of work shall include the following: The Contractor will monitor, supervise, and assure the safety of all school children that utilize intersections and crosswalks while moving to and from school zones. 2. The Contractor shall perform all work to the highest professional standard an in a manner deemed reasonably satisfactory by the Public Works Director or director's designee. 3. Contractors will provide an estimated 47,500 hours per year of crossing guard services by qualified adult crossing guards approved by the City of Santa Ana as shown in Exhibit "A." These estimated hours are based on the number of crossing guard hours per day (at all crossing guard locations) multiplied by the number of annual school days. However, the Contractor is required to staff the crossing guard positions whenever the schools modify their schedules as they accommodate the academic needs of their students. These modifications in terms of crossing guard hours are included in the estimated 47,500 hours of crossing guard services anticipated to be provided in the 2021-2022 school year / fiscal year. 4. New locations may be added at the City's request and the Contractor will increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 5. Contractor will provide all administrative duties associated with the Adult Crossing Guard Program in the City of Santa Ana. 6. The Contractor will be required to provide supervision of all employees associated with conducting the Adult Crossing Guard Program, including the recruitment, hiring, discipline, and termination of employees. 7. Contractor will provide all facilities, vehicles, and other associated equipment related to conducting the Adult Crossing Guard Program. Required equipment will, at a minimum, include safety-reflectorized vests, stop signs, whistles, rain gear, and photo -identification badges. 8. Contractor shall provide all employees with equipment that complies with all applicable laws and established safety standards. 9. Contractor agrees to offer employment to the currently employed All City Management Services employees who were performing City of Santa Ana Adult School Crossing Guards services if they meet the Contractor's hiring requirements. Those employees shall be hired and retained at an hourly rate that is no less than the amount compensated while previously providing crossing guard services. However, these employees shall be subjected to the personnel rules of the Contractor as it relates to step increases, salary caps, Page 2 of 8 Non -Fed Funding (6.1.2020) and continued employment. The City of Santa Ana makes no representation of employment adequacy of the previously employed employees. Furthermore, the Contractor shall ensure that the previous Adult School Crossing Guards employees, at a minimum, meet the conditions of Section III, Subsection 13 of this scope of work as well as the Contractor's hiring and retention policy. If the current employee meets the hiring and retention criteria of the Contractor, they shall be offered employment with the Contractor at their current hourly rate. 10. The Contractor shall arrange for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. The Contractor shall contact the Santa Ana Public Works Agency immediately if a position cannot be filled by the Contractor. The City will staff that position and bill the Contractor for the time spent covering that post in accordance with the Miscellaneous Fee Schedule. 11. The Contractor shall be responsible to coordinate with the affected schools and school districts to ensure coverage is provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than the norm. 12. Contractor will provide all of the required training for employees selected to be crossing guards. 13. The Contractor shall certify that all employees selected to perform the duties of a crossing guard in the City of Santa Ana have never been convicted of any felony, a crime of moral turpitude, or any crime against children. In addition, the recruitment process shall incorporate a Pre -Employment Screening Program that includes: a. An employment reference check b. A criminal background checks and fingerprint check c. A drug and alcohol screening test d. Social Security verification e. Only documented, authorized Contractor employees are eligible to work or permitted on or in City facilities (Verification of the INS-9 forms must be provided to the City upon request) 14. Any employee whose conduct is not satisfactory, as determined by the City of Santa Ana, shall be removed from providing crossing guard services in the City of Santa Ana. 15. The Contractor shall investigate all public complaints concerning crossing guard services. In the event of a complaint, the Contractor shall contact the City of Santa Ana Public Works Agency at (714) 647-5624, within two (2) hours, to advise the nature of the complaint and the course of actions/remedy/resolution of said complaint. Contractor shall furnish a written report of the incident to the City of Santa Ana Public Works Agency within five (5) business days after the occurrence. Contractor shall maintain detailed records and reports of the total number of hours of service provided. These records shall list the number of hours worked at each location. These records will be made available for inspection and audit by the City of Santa Ana at any time. Page 3 of 8 Non -Fed Funding (6.1.2020) IV. EXAMINATION OF WORK AREA Prior to submitting a proposal, contractors are responsible for familiarizing themselves with the applicable schools and Crossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, the City will provide upon request all available information, which it deems may be of assistance to prospective contractors. It should be noted that street intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana. V. ADDITIONAL REQUIREMENTS 1. Training — Provide a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re -testing and re- evaluation of your existing crossing of time for re -testing and re-evaluation of your existing crossing guards. A copy of all training manuals should be included in the proposal (if any) 2. Project Staffing — Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice. Submit a plan to hire existing All City Management Services employees, as required in the scope of work, who were providing Part -Time Adult Crossing Guards services, including the pay scale proposed to compensate these individuals. Submit an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final staffing plan. Submit a plan to ensure all positions are properly staffed during the times designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duty. Page 4 of 8 Non -Fed Funding (6.1.2020) 3. Subcontractors — Identify any subcontractors that would be used to implement, staff and manage the crossing guard program. Give a detailed description of their involvement, scope of work, and responsibilities. 4. Contractor Qualifications and Project Experience — The City of Santa Ana is particularly interested in selecting a Contractor that has extensive experience in providing adult crossing guard services to municipalities. Discuss the overall capabilities of the Proposer. Include a brief description of the Proposer's history and recent relevant experience (within the last five years). 5. Cost Proposal — Pricing should be as detailed as practical. Proposals are required to contain complete Cost Proposal Forms as shown in Attachment 2. The cost proposal shall include the cost of the contract while carrying Five Million Dollars ($5,000,000) per occurrence with Ten Million Dollars ($10,000,000) aggregate of Commercial General Liability Insurance. o Overall understanding of the project (20 points) o Qualifications and experience (20 points) o Supervisory personnel's qualifications, experience, time commitment (20 points) o Overall quality of the proposal (20 points) o References (20 points) VI. FINANCIAL INFORMATION 1. Submit a copy of your firm's most recently audited, as well as current (reviewed) financial statement. 2. Provide the following information relative to your firm's claims history for the past five (5) years. A. List all claims, demands for arbitration and/or lawsuits filed by your firm, predecessor company, or company officers against project owners or their agents. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount 5) Current Status 6) Award or Settlement Amount B. List all claims, demands for arbitration and/or law suits filed by project owners, their agents or subcontractors against your firm, predecessor companies, its agents or bonding company. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount Page 5 of 8 Non -Fed Funding (6.1.2020) 5) Current Status 6) Award or Settlement Amount VII. CROSSING GUARD LOCATIONS TABLE A - CROSSING GUARD LOCATIONS (Per week) Loc Intersection Mon Tues Wed Thurs Fri Total 1 Hazard/West IFOS SE 3 3 3 3 3 15 2 Fifth ST/Hu lars Ln 3 3 3 3 3 15 3 Newho e/Camile SE 3 3 3 3 3 15 4 Newho e/Kent (SW) 3 3 3 3 3 15 5 Hazard/ Rosita-So SE 3 3 3 3 3 15 6 Fifth ST/Rosita (S) 3 3 3 3 3 15 7 Camile/Jackson SW 3 3 3 3 3 15 8 Fairhaven/Old Grand S 3.25 3.25 3 3.25 3.25 16 9 St. Gertrude/Raitt SE 4.75 4.75 4.92 4.75 4.75 23.92 10 Santa Ana/Pacific E 5 5 5.75 5 5 25.75 11 Fifth St/Pacific (NE) 5 5 5.5 5 5 25.5 12 Center/Borchard E/AM W/PM 5 5 4.75 5 5 24.75 13 Edinger/Greenville (SE) 5 5 4.75 5 5 24.75 14 Edinger/Center 5 5 4.75 5 5 24.75 15 Edinger /Raiff /W 5 5 4.75 5 5 24.75 16.1 Main/Warner 4.75 4.75 4.75 4.75 4.75 23.75 16.2 Main/Warner SE 4.75 4.75 4.75 4.75 4.75 23.75 17 Broadway/Cubbon (SE) 4.75 4.75 4.75 4.75 4.75 23.75 18 Civic Center/English E 4.75 4.75 4.75 4.75 4.75 23.75 19 Santa Ana/Lac NE 4.5 4.5 4.67 4.5 4.5 22.67 20 6th/Lacy (SE) 4.5 4.5 4.67 4.5 4.5 22.67 21 Civic Center/Lac E 5 5 5.42 5 5 25.42 22 MacArthur/Raitt St (SE) 4.75 4.75 4.75 4.75 4.75 23.75 23 Greenville/Pomona E 5 5 4.5 5 5 24.5 24 Main/Walnut (SW) 5 5 4.75 5 5 24.75 25.1 McFadden/Fairview E 4 4 3.5 4 4 19.5 25.2 McFadden/Fairview (SE) 4 4 3.5 4 4 19.5 26 Adams/Raitt (SE) 4.67 4.67 4.67 4.67 4.67 23.35 27 McFadden/Standard (NE) 4.5 4.5 4.5 4.5 4.5 22.5 28 McFadden/Hathaway (NW) 4.5 4.5 4.5 4.5 4.5 22.5 29 McFadden/Pacific 4.75 4.75 5 4.75 4.75 24 30 Willits/Sullivan (NE) 4.75 4.75 4.75 4.75 4.75 23.75 31 Willits/Raitt (NE) 4.75 4.75 4.75 4.75 4.75 23.75 Page 6 of 8 Non -Fed Funding (6.1.2020) 32 Flower/Bishop (SW) 4 4 3.5 4 4 19.5 33 Flower/Highland (SW) 4 4 3.5 4 4 19.5 34 Hobart/Standard (SW) 5 5 5 5 5 25 35 Edinger/Standard (NW) 5 5 5 5 5 25 36 Olive/Wilshire (NW) 4.75 4.75 4.75 4.75 4.75 23.75 37 Flower/Wilshire (NW) 4.75 4.75 4.75 4.75 4.75 23.75 38 Central/Halladay (NW) 3.25 3.25 3.25 3.25 3.25 16.25 39 Monte Vista/Raitt (E-AM) (W- PM) 4.75 4.75 5 4.75 4.75 24 40 Chestnut/Halladay (NE) 4.75 4.75 4.75 4.75 4.75 23.75 41 Chestnut/Standard (SW) 4.75 4.75 4.75 4.75 4.75 23.75 42 Bristol/Santa Clara (SW) 4.75 4.75 4.75 4.75 4.75 23.75 43 Santa Clara/Baker (SW) 4.75 4.75 4.75 4.75 4.75 23.75 44 Poplar/Saint Andrew (NE) 4.25 4.25 4 4.25 4.25 21 45 Flower/MacArthur (NE) 4 4 3.75 4 4 19.75 46 Alton/Greenville (SE) 4.5 4.5 4.75 4.5 4.5 22.75 47 Bishop/Standard (NW) 4.75 4.75 4.75 4.75 4.75 23.75 48 Flower/Anahurst SW 4.75 4.75 4.75 4.75 4.75 23.75 49 Flower/Warner S 4.75 4.75 4.75 4.75 4.75 23.75 50 Washington/Baker SE 4.75 4.75 4.75 4.75 4.75 23.75 1143.03 Hours per week 1143.03 Days per week 5 Avg hours / day - Scheduled 228.606 Contingency hours / day 30 Total hours / day 258.606 School days per year 183 Hours per year 47,325 School Schedules Santa Ana Unified School District (SAUSD) Traditional Schedule - Schools within the SAUSD assigned to the traditional school schedule operate an average of 183 days per year beginning in August and ending in June. Garden Grove Unified School District (GGUSD) Traditional Schedule - All schools in the City of Santa Ana that are within the GGUSD are assigned to the traditional schedule. Traditional schedule schools are open an average of 183 days per year beginning in September and ending in June. Orange Unified School District (OUSD) Traditional Schedule - Fairhaven Elementary School is the only school in the City of Santa Ana that is governed by the OUSD. The school operates on a traditional schedule with an average of Page 7 of 8 Non -Fed Funding (6.1.2020) 183 days per year based on a schedule that begins in August and ending in June. Abbreviations N/E Northeast N/W Northwest S/E Southeast S/W Southwest S.A. Santa Ana Unified School District G.G. Garden Grove Unified School District Org. Orange Unified School District Priv. Private School Bilingual English/Spanish Crossing Guards are desirable due to the large Hispanic population and the high number of Spanish speaking residents in the City of Santa Ana Page 8 of 8 Non -Fed Funding (6.1.2020) Appendix ATTACHMENT 2 FEE PROPOSAL FORM COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM HOURLY STAFF SALARY Crossing Guard Salary (Hourly) Crossing Guard Supervisor Salary (Hourly) COST SUMMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) Supervisor Salary (Hourly Rate x estimated annual hours) Payroll Tax Workers Compensation Liability Insurance Administrative Overhead 0 Q Profit $ TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $ Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 hours Total Annual Cost of Adult Crossing Guard Program Total Crossing Guard Billing 47,500 hours $ / Hr Page 1 of 2 Non -Fed Funding (6.1.2020) 1. Name of Organization: 2. Organization is Corporation Association _ Partnership Sole Proprietor (Check One) COST PROPOSAL FORM GENERAL INFORMATION 3. Organization Address and Telephone Number: 4. List the Name, Title and Telephone Number(s) of the Organization's Authorized Representatives: Page 2 of 2 Non -Fed Funding (6.1.2020) Appendix ATTACHMENT 3 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of , 2020 by and between ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of- B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $xxxxxx during the term of this Agreement, including any extension periods exercised under Section 3. Page 1 of 11 Non -Fed Funding (6.1.2020) b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a with the option for the City to grant up to a renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and Page 2 of 11 Non -Fed Funding (6.1.2020) perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence, with $10,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or Page 3 of 11 Non -Fed Funding (6.1.2020) reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 4 of 11 Non -Fed Funding (6.1.2020) 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other parry is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. Page 5 of 11 Non -Fed Funding (6.1.2020) 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 6 of 11 Non -Fed Funding (6.1.2020) 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 Page 7 of 11 Non -Fed Funding (6.1.2020) With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager Non -Fed Funding (6.1.2020) Page 8 of 11 APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: John Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency (name) (title) Page 9 of 11 Non -Fed Funding (6.1.2020) EXHIBIT A SCOPE OF SERVICES Page 10 of 11 Non -Fed Funding (6.1.2020) EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable Page 11 of 11 Non -Fed Funding (6.1.2020) Appendix ATTACHMENT 4-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP 20-149 Page A4-1 Appendix ATTACHMENT 4-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date City of Santa Ana RFP 20-149 Page A4-2 Appendix ATTACHMENT 4-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 20-149 Page A4-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of Santa Ana RFP 20-149 Page A4-4 MAYOR Vicente Sarmiento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 wvvw.santa-ana.org (714) 647-5619 December 22, 2020 ADDENDUM ONE SUBJECT: RFP NO. 20-149: CROSSING GUARD SERVICES CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The following changes/clarifications have been made to the above Request for Proposal: 1. Add new section to the RFP: Price Adjustments: The parties may annually agree to an adjustment of charges (not to exceed 2%) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI). The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) All other All and co ions of the RFP remain unchanged. Edwin "William" Galvez City Engineer SANTA ANA CITY COUNCIL Vicente Sarmiento David Penaloza Thai Viet Phan Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez Nelida Mendoza Mayor Mayor Pro Tern Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 vsarmiento4anta-ana.orq doenaloza(c@santa-ana.orq 1phan(g.santa-ana.orq iessielope,4.santa-ana.orq pbacerracnsanta-ana.om irvanhernandez(@santa-ana.om nmendoza(olsanla-anaom AGREEMENT TO PROVIDE CROSSING GUARD SERVICES THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between All - City Management Services, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On November 24, 2020, the City issued Request for Proposal No. 20-149, by which it sought qualified contractors to provide adult crossing guard services to aid primary school children in the community as they walk to and from school. The crossing guard program is to include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 20-149. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services described in the scope of work that was included in RFP No. 20-149, which is attached as Exhibit A and incorporated in full, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed $2,593,334 during the term of this Agreement, including any extension periods. This sum is comprised of (1) the base amount of $2,357,576 and (2) a 10% contingency in the amount of $235,758 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be Page 1 of 8 expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on July 19, 2022, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for one additional 1-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in Page 2 of 8 any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence, with $10,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Page 3 of 8 contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Furthermore, notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. Page 4 of 8 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana Page 5 of 8 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: All -City Management Services, Inc. 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Attn: David Mecusker, Contract Administrator A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Page 6 of 8 Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 8 20* PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the pity of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Salad inability shall be cause for termination of this Agreement. 210 MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement., and shall indemnify City fully, including reasonable costs and attorney s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. bo All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SOMA R. CARVALHO City Attorney By: a 7)(ee Tol��4� JKhn M.Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR EXHIBIT A SCOPE OF SERVICES & CROSSING GUARD LOCATIONS I. INTRODUCTION The City of Santa Ana, California is soliciting proposals from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. The out -sourced crossing guard program will include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana at the locations identified in Table A shown in the Appendix Attachment 1, Section VII (page 6 of 8). The City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract one additional two—year term. It is anticipated that this new contract will commence on July 1, 2021. II. BACKGROUND The City of Santa Ana is located in central Orange County approximately 30 miles southeast of Los Angeles. Santa Ana covers 27.2 square miles and is the most populous city in Orange County with approximately 340,000 residents. The City of Santa Ana is the County Seat of Orange County, which can lead to an increase in the daytime population by approximately 50% during normal business hours. Santa Ana is bordered by the cities of Orange, Tustin, Garden Grove, Irvine and Costa Mesa. Santa Ana has a diverse population comprised of 73% Hispanic, 12.4% White, 8.7% Asian, 1.3% Black, and 0.3% American Indian, and Eskimo. There are approximately 54,000 students of all ages currently enrolled in schools throughout the City. The City of Santa Ana has a mild climate with an average annual temperature of 75 degrees, and an average annual rainfall of 13.7 inches. Crossing guard locations are strategically positioned near schools located within the Santa Ana Unified School District, the Garden Grove Unified School District and the Orange Unified School District. During the 2018--2019 school year, crossing guards worked a total of 47,325 hours providing crossing guard services to the children of our community. Data for the 2019- 2020 and 2020-2021 school year are not provided due to the COVID pandemic which disrupted normal walking and pedestrian activity in March 2020 through the publication date of this RFP. All City Management Services currently manages the Adult Crossing Guard Program which consists of 52 crossing guards who provide crossing guard services to 70 locations within the city limits, which are listed in Table A. Oversight was being provided by the Santa Ana Police Department, however in the summer 2020, program oversight was transferred to the Public Works Agency. All City Management Services also oversees the recruitment, training, and management of all crossing guards, as well as their placement at locations as requested by the City. This will be the responsibility of the successful proposer. Page 1 of 8 Non -Fed Funding (6.1.2020) III. SCOPE OF WORK The scope of work consists of out -sourced Adult Crossing Guard Program. The successful contractor shall agree to perform school crossing guard services for the City of Santa Ana and the school districts within the city limits. The scope of work shall include the following: The Contractor will monitor, supervise, and assure the safety of all school children that utilize intersections and crosswalks while moving to and from school zones. 2. The Contractor shall perform all work to the highest professional standard an in a manner deemed reasonably satisfactory by the Public Works Director or director's designee. 3. Contractors will provide an estimated 47,500 hours per year of crossing guard services by qualified adult crossing guards approved by the City of Santa Ana as shown in Exhibit "A." These estimated hours are based on the number of crossing guard hours per day (at all crossing guard locations) multiplied by the number of annual school days. However, the Contractor is required to staff the crossing guard positions whenever the schools modify their schedules as they accommodate the academic needs of their students. These modifications in terms of crossing guard hours are included in the estimated 47,500 hours of crossing guard services anticipated to be provided in the 2021-2022 school year / fiscal year. 4. New locations may be added at the City's request and the Contractor will increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 5. Contractor will provide all administrative duties associated with the Adult Crossing Guard Program in the City of Santa Ana. 6. The Contractor will be required to provide supervision of all employees associated with conducting the Adult Crossing Guard Program, including the recruitment, hiring, discipline, and termination of employees. 7. Contractor will provide all facilities, vehicles, and other associated equipment related to conducting the Adult Crossing Guard Program. Required equipment will, at a minimum, include safety-reflectorized vests, stop signs, whistles, rain gear, and photo -identification badges. 8. Contractor shall provide all employees with equipment that complies with all applicable laws and established safety standards. 9. Contractor agrees to offer employment to the currently employed All City Management Services employees who were performing City of Santa Ana Adult School Crossing Guards services if they meet the Contractor's hiring requirements. Those employees shall be hired and retained at an hourly rate that is no less than the amount compensated while previously providing crossing guard services. However, these employees shall be subjected to the personnel rules of the Contractor as it relates to step increases, salary caps, Page 2 of 8 Non -Fed Funding (6.1.2020) and continued employment. The City of Santa Ana makes no representation of employment adequacy of the previously employed employees. Furthermore, the Contractor shall ensure that the previous Adult School Crossing Guards employees, at a minimum, meet the conditions of Section III, Subsection 13 of this scope of work as well as the Contractor's hiring and retention policy. If the current employee meets the hiring and retention criteria of the Contractor, they shall be offered employment with the Contractor at their current hourly rate. 10. The Contractor shall arrange for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. The Contractor shall contact the Santa Ana Public Works Agency immediately if a position cannot be filled by the Contractor. The City will staff that position and bill the Contractor for the time spent covering that post in accordance with the Miscellaneous Fee Schedule. 11. The Contractor shall be responsible to coordinate with the affected schools and school districts to ensure coverage is provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than the norm. 12. Contractor will provide all of the required training for employees selected to be crossing guards. 13. The Contractor shall certify that all employees selected to perform the duties of a crossing guard in the City of Santa Ana have never been convicted of any felony, a crime of moral turpitude, or any crime against children. In addition, the recruitment process shall incorporate a Pre -Employment Screening Program that includes: a. An employment reference check b. A criminal background checks and fingerprint check c. A drug and alcohol screening test d. Social Security verification e. Only documented, authorized Contractor employees are eligible to work or permitted on or in City facilities (Verification of the INS-9 forms must be provided to the City upon request) 14. Any employee whose conduct is not satisfactory, as determined by the City of Santa Ana, shall be removed from providing crossing guard services in the City of Santa Ana. 15. The Contractor shall investigate all public complaints concerning crossing guard services. In the event of a complaint, the Contractor shall contact the City of Santa Ana Public Works Agency at (714) 647-5624, within two (2) hours, to advise the nature of the complaint and the course of actions/remedy/resolution of said complaint. Contractor shall furnish a written report of the incident to the City of Santa Ana Public Works Agency within five (5) business days after the occurrence. Contractor shall maintain detailed records and reports of the total number of hours of service provided. These records shall list the number of hours worked at each location. These records will be made available for inspection and audit by the City of Santa Ana at any time. Page 3 of 8 Non -Fed Funding (6.1.2020) IV. EXAMINATION OF WORK AREA Prior to submitting a proposal, contractors are responsible for familiarizing themselves with the applicable schools and Crossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, the City will provide upon request all available information, which it deems may be of assistance to prospective contractors. It should be noted that street intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana. V. ADDITIONAL REQUIREMENTS I . Training — Provide a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re -testing and re- evaluation of your existing crossing of time for re -testing and re-evaluation of your existing crossing guards. A copy of all training manuals should be included in the proposal (if any) 2. Project Staffing — Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice. Submit a plan to hire existing All City Management Services employees, as required in the scope of work, who were providing Part -Time Adult Crossing Guards services, including the pay scale proposed to compensate these individuals. Submit an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final staffing plan. Submit a plan to ensure all positions are properly staffed during the times designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duty. Page 4 of 8 Non -Fed Funding (6.1.2020) IV. EXAMINATION OF WORK AREA Prior to submitting a proposal, contractors are responsible for familiarizing themselves with the applicable schools and Crossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, the City will provide upon request all available information, which it deems may be of assistance to prospective contractors. It should be noted that street intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana. V. ADDITIONAL REQUIREMENTS I . Training — Provide a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re -testing and re- evaluation of your existing crossing of time for re -testing and re-evaluation of your existing crossing guards. A copy of all training manuals should be included in the proposal (if any) 2. Project Staffing — Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice. Submit a plan to hire existing All City Management Services employees, as required in the scope of work, who were providing Part -Time Adult Crossing Guards services, including the pay scale proposed to compensate these individuals. Submit an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final staffing plan. Submit a plan to ensure all positions are properly staffed during the times designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duty. Page 4 of 8 Non -Fed Funding (6.1.2020) 3. Subcontractors — Identify any subcontractors that would be used to implement, staff and manage the crossing guard program. Give a detailed description of their involvement, scope of work, and responsibilities. 4. Contractor Qualifications and Project Experience — The City of Santa Ana is particularly interested in selecting a Contractor that has extensive experience in providing adult crossing guard services to municipalities. Discuss the overall capabilities of the Proposer. Include a brief description of the Proposer's history and recent relevant experience (within the last five years). 5. Cost Proposal — Pricing should be as detailed as practical. Proposals are required to contain complete Cost Proposal Forms as shown in Attachment 2. The cost proposal shall include the cost of the contract while carrying Five Million Dollars ($5,000,000) per occurrence with Ten Million Dollars ($10,000,000) aggregate of Commercial General Liability Insurance. o Overall understanding of the project (20 points) o Qualifications and experience (20 points) o Supervisory personnel's qualifications, experience, time commitment (20 points) o Overall quality of the proposal (20 points) o References (20 points) VI. FINANCIAL INFORMATION 1. Submit a copy of your firm's most recently audited, as well as current (reviewed) financial statement. 2. Provide the following information relative to your firm's claims history for the past five (5) years. A. List all claims, demands for arbitration and/or lawsuits filed by your firm, predecessor company, or company officers against project owners or their agents. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount 5) Current Status 6) Award or Settlement Amount B. List all claims, demands for arbitration and/or law suits filed by project owners, their agents or subcontractors against your firm, predecessor companies, its agents or bonding company. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount Page 5 of 8 Non -Fed Funding (6.1.2020) 5) Current Status 6) Award or Settlement Amount VII. CROSSING GUARD LOCATIONS TABLE A - CROSSING GUARD LOCATIONS (Per week) Loc Intersection Mon Tues Wed Thurs Fri Total 1 Hazard/West IFOS SE 3 3 3 3 3 15 2 Fifth ST/Hu lars Ln 3 3 3 3 3 15 3 Newho e/Camile SE 3 3 3 3 3 15 4 Newho e/Kent (SW) 3 3 3 3 3 15 5 Hazard/ Rosita-So SE 3 3 3 3 3 15 6 Fifth ST/Rosita (S) 3 3 3 3 3 15 7 Camile/Jackson SW 3 3 3 3 3 15 8 Fairhaven/Old Grand S 3.25 3.25 3 3.25 3.25 16 9 St. Gertrude/Raitt SE 4.75 4.75 4.92 4.75 4.75 23.92 10 Santa Ana/Pacific E 5 5 5.75 5 5 25.75 11 Fifth St/Pacific (NE) 5 5 5.5 5 5 25.5 12 Center/Borchard E/AM W/PM 5 5 4.75 5 5 24.75 13 Edinger/Greenville (SE) 5 5 4.75 5 5 24.75 14 Edinger/Center 5 5 4.75 5 5 24.75 15 Edinger /Raiff /W 5 5 4.75 5 5 24.75 16.1 Main/Warner 4.75 4.75 4.75 4.75 4.75 23.75 16.2 Main/Warner SE 4.75 4.75 4.75 4.75 4.75 23.75 17 Broadway/Cubbon (SE) 4.75 4.75 4.75 4.75 4.75 23.75 18 Civic Center/English E 4.75 4.75 4.75 4.75 4.75 23.75 19 Santa Ana/Lac NE 4.5 4.5 4.67 4.5 4.5 22.67 20 6th/Lacy (SE) 4.5 4.5 4.67 4.5 4.5 22.67 21 Civic Center/Lac E 5 5 5.42 5 5 25.42 22 MacArthur/Raitt St (SE) 4.75 4.75 4.75 4.75 4.75 23.75 23 Greenville/Pomona E 5 5 4.5 5 5 24.5 24 Main/Walnut (SW) 5 5 4.75 5 5 24.75 25.1 McFadden/Fairview E 4 4 3.5 4 4 19.5 25.2 McFadden/Fairview (SE) 4 4 3.5 4 4 19.5 26 Adams/Raitt (SE) 4.67 4.67 4.67 4.67 4.67 23.35 27 McFadden/Standard (NE) 4.5 4.5 4.5 4.5 4.5 22.5 28 McFadden/Hathaway (NW) 4.5 4.5 4.5 4.5 4.5 22.5 29 McFadden/Pacific 4.75 4.75 5 4.75 4.75 24 30 Willits/Sullivan (NE) 4.75 4.75 4.75 4.75 4.75 23.75 31 Willits/Raitt (NE) 4.75 4.75 4.75 4.75 4.75 23.75 Page 6 of 8 Non -Fed Funding (6.1.2020) 32 Flower/Bishop (SW) 4 4 3.5 4 4 19.5 33 Flower/Highland (SW) 4 4 3.5 4 4 19.5 34 Hobart/Standard (SW) 5 5 5 5 5 25 35 Edinger/Standard (NW) 5 5 5 5 5 25 36 Olive/Wilshire (NW) 4.75 4.75 4.75 4.75 4.75 23.75 37 Flower/Wilshire (NW) 4.75 4.75 4.75 4.75 4.75 23.75 38 Central/Halladay (NW) 3.25 3.25 3.25 3.25 3.25 16.25 39 Monte Vista/Raitt (E-AM) (W- PM) 4.75 4.75 5 4.75 4.75 24 40 Chestnut/Halladay (NE) 4.75 4.75 4.75 4.75 4.75 23.75 41 Chestnut/Standard (SW) 4.75 4.75 4.75 4.75 4.75 23.75 42 Bristol/Santa Clara (SW) 4.75 4.75 4.75 4.75 4.75 23.75 43 Santa Clara/Baker (SW) 4.75 4.75 4.75 4.75 4.75 23.75 44 Poplar/Saint Andrew (NE) 4.25 4.25 4 4.25 4.25 21 45 Flower/MacArthur (NE) 4 4 3.75 4 4 19.75 46 Alton/Greenville (SE) 4.5 4.5 4.75 4.5 4.5 22.75 47 Bishop/Standard (NW) 4.75 4.75 4.75 4.75 4.75 23.75 48 Flower/Anahurst SW 4.75 4.75 4.75 4.75 4.75 23.75 49 Flower/Warner S 4.75 4.75 4.75 4.75 4.75 23.75 50 Washington/Baker SE 4.75 4.75 4.75 4.75 4.75 23.75 1143.03 Hours per week 1143.03 Days per week 5 Avg hours / day - Scheduled 228.606 Contingency hours / day 30 Total hours / day 258.606 School days per year 183 Hours per year 47,325 School Schedules Santa Ana Unified School District (SAUSD) Traditional Schedule - Schools within the SAUSD assigned to the traditional school schedule operate an average of 183 days per year beginning in August and ending in June. Garden Grove Unified School District (GGUSD) Traditional Schedule - All schools in the City of Santa Ana that are within the GGUSD are assigned to the traditional schedule. Traditional schedule schools are open an average of 183 days per year beginning in September and ending in June. Orange Unified School District (OUSD) Traditional Schedule - Fairhaven Elementary School is the only school in the City of Santa Ana that is governed by the OUSD. The school operates on a traditional schedule with an average of Page 7 of 8 Non -Fed Funding (6.1.2020) 183 days per year based on a schedule that begins in August and ending in June. Abbreviations N/E Northeast N/W Northwest S/E Southeast S/W Southwest S.A. Santa Ana Unified School District G.G. Garden Grove Unified School District Org. Orange Unified School District Priv. Private School Bilingual English/Spanish Crossing Guards are desirable due to the large Hispanic population and the high number of Spanish speaking residents in the City of Santa Ana Page 8 of 8 Non -Fed Funding (6.1.2020) EXHIBIT B 1!111 1 1111i!; "The Crossing Guard Company" A Proposal for City of Santa Ana Public Works Agency Crossing Guards Services RFP No.: 20-149 January 21, 2021 Presented by 10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, CA 90670 OFFICE PHONE: 800.540.9290 FAX: 310.202.8325 EMERGENCY DISPATCH: 877.363.2267 www.thecrossingguardcompany.com Cover Letter / Contract Agreement Statement Firm and Team Experience Understanding of Need Relevant Project Experience implementation Schedule • Fee Proposal mom-. - Forms / Addenda 11 I r�i A�RY600300 Cover Letter / Contract Agreement Statement RMFU 1121 January 21, 2021 City of Santa Ana Zdenek Kekula Crossing Guard Services RFP No. 20-149 20 Civic Center Plaza, Santa Ana, CA 92701 Dear Mr. Kekula On behalf of All City Management Services, Inc. (ACMS), I would like to express our sincere appreciation for the potential opportunity to continue to serve the City of Santa Ana Crossing Guard program. We are proud to have served the community of Santa Ana for the past sixteen (16) years. We have received the Request for Proposal, we have reviewed all RFP requirements, Specifications, Scope of Work, Standard Agreement and Addendums. We agree with the terms and conditions set forth with thee exception of Standard Agreement Item 7a — Insurance, Item -8 Indemnification and Addendum One regarding Price Adjustments. Item 7a — requires General Liability combined single limit coverage of not less than $10,000,000 per occurrence. Our current insurance coverage provides combined single limit coverage of not less than $5,000,000 per occurrence. We would hope to avoid any additional expense to the City and would request the limit to be lowered to $5,000,000 per occurrence. If the limit cannot be lowered, we would need to secure additional coverage. We have included this optional pricing exhibit via optional program pricing. Please see our pricing exhibits. Item 8 pertains to Indemnification and we would request a modification to the language proposed to include shared liability. We have included our preferred language in our response. Addendum One refers to price adjustments being tied to Consumer Price Indices and we would like this language to be removed, as the operational costs associated with a Crossing Guard program are not tied to CPI. If selected to continue services we would like to discuss price increase language that is acceptable to both parties. Our goal is simple, to continue to relieve the City of Santa Ana of the day-to-day responsibilities of managing a Crossing Guard Program. As your full services contractor, we have assumed complete responsibility for the day-to-day operations of the Santa Ana Crossing Guard program. This includes recruitment, background clearance, hiring, training, equipment, payroll, supervision, management of the program. We maintain local supervision, alternate guards, a paging system, and a 24-hour 800 number to ensure adequate response and immediate back-up for any Crossing Guard absent from duty for any reason. We also establish communication with each school to ensure proper scheduling. We have become the nation's largest provider of private crossing guards as a result of our singular focus to this industry as well development of benchmark training. This includes our "Employee Handbook for School Crossing Guards" which details our Job Requirements, the initial and ongoing Training we provide, including our Site Evaluations, our Rules of Conduct, Crossing Guard of the Year recognition and the Certification Requirements for all ACMS Crossing Guards. 10440 Pioneer Blvd Suite 5' Santa Fe Springs, Ca 90670 • 310-202-8284 0 800-540-9290 0 FAX 310-202-8325 If our proposal is accepted for final selection, ACMS agrees to negotiate in good faith with the City towards a final Agreement containing such material business and legal deal points as we set forth in Proposal. If awarded, the undersigned agree to execute a formal Agreement within ten (10) calendar days following the Notice to Proceed and will deliver to the City prior to the execution of the Agreement, certificates of Insurance and endorsements. ACMS represents that the following person is authorized to negotiate on their behalf with the City in connection with this RFP: Harlan Sims, Director of Marketing 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, CA 90670 800 540 9290, Ext 107 The undersigned certify that they have examined and are fully familiar with all of the provisions of the RFP Documents and are satisfied that said documents are accurate; and that they have carefully checked all works, figures and statements made in the proposal requirements and that we have satisfied ourselves with respect to other matters pertaining to the proposal which in any way affect the work or the costs thereof. The undersigned being cognizant of the pages, documents and exhibits contained herein agree to provide the City with services described in the proposal specifications an agreement documents. We are certainly excited about the possibility of providing Crossing Guard services for the City of Santa Ana once again. If you have any questions, please feel free to contact me at 800 540-9290 Sincerely, i - David Mecusker Contract Administrator david@thecrossingguardcompany.com 10440 Pioneer Blvd Suite 5 • Santa Fe Springs, Ca 90670. 310-202-82840 800-540-9290 0 FAX 310-202-8325 NOTE: THE CHANGES BELOW WERE NOT ACCEPTED BY THE CITY Exception Attachment 3; Standard Agreement Suggested Change/Exception: 8 — Indemnification; request to have following language added to section. Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage each a "Loss"), which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. In the event that Consultant's proposed duly qualified defense counsel is not reasonably acceptable to the City, The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Furthermore, notwithstanding the fore oin in the event that a court or 'u determines that lia bil ity with respect to any Loss was caused or contributed to by the negligent act; error. omission or willful misconduct of the City. liability will be apportioned between Consultant on the one hand and the City on the other hand with regard to such Loss based upon the parties' respective degrees of culpability, as determined by the court or jury, and Consultant's duty to indemnify the City, its officers agents, employees, contractors, special counsel and representatives will be limited accordingly. Firm and Team Experience ilOZ, all ut1 i..� COMPANY PROFILE All 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 currently have over 6,500 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 Crossing Guard Company". We have successfully privatized the Crossing Guard programs for over 250+ 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 currently 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 34 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. N O U x _ v c cd c u 0 o CJcz cli v -� o cqj O � G Gn U ++ U W ct W v o � v � m co U � cu r. v � U W O 01) O d' 1 O MO 00 • Cll O U U aA o~ a) w ct r M N VJ a� 0 a 0 0 ii M i"Alm City of Santa Ana Vice President of Operations Patricia Pohl 310 877 7045 cell Regional Support Manager Kim Brooks 913 333 2563 cell u Regional/Project Manager Michele Busch 949 648 4514 cell Area Supervisor(s) Rudy Ramirez 714 763 6352 cell Kathy Clickenbeard 714 800 3818 t 52 Crossing Guards Field Management 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 Santa Ana will continue to benefit from a team concept which consists of Area Supervisor, Regional Manager, Regional Support 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 (Rudy Ramirez / Kathy Clickenbeard): Area Supervisors will continue to handle all aspects of the daily supervision of the program of fifty-two (52) Crossing Guards and alternate pool. With support from the Regional Manager they will typically recruit, hire, train and provide personnel management for all the sites they oversee and will interface with school staff as needed. In addition to communicating with the City and School staff, they are responsible for ensuring each employee receives the proper number of Site Performance Evaluations. The Area Supervisors will be available by telephone on all occasions for discussion with City staff and will be locally available for meetings in person upon 24-hour written or telephonic notice. Area Supervisors will commit eighty-five percent (85%) of their time to the program and they report directly to the Regional Manager. Regional Manager (Michele Busch): Michele will serve as Project Manager and will continue to directly manage your Area Supervisors and provide training and support. She will continue to interface with the City of Santa Ana representative 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. Michele has considerable experience as a Project Manager overseeing many programs in Southern California. She will continue to ensure compliance with Company standards and City of Santa Ana expectations and be the liaison to the City. Michele Busch will commit twenty percent (20%) of her time to the program and reports directly to Regional Support Manager. Regional Support Manager (Kim Brooks): Kim has over 5 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 and will provide additional support as needed. Vice President of Operations (Pat Pohl): Pat has over 26 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. Pat will provide additional support as needed. Michele Busch 23 Greenbough Irvine, CA 92614. T (94,9) 922-5364 michele.boscha,cox,net EXPERIENCE Regional Manager, All City Management Services; Santa Fe Springs, CA — 2012-present Management of 8 area supervisors and 350 crossing guards in Southern California. Maintain communication with area supervisors; provide feedback, support, guidance and training. Investigate Complaints; enforce safety and disciplinary measures. Serve as a liaison to school and city officials and operations management. Assist in the development of new company procedures. Area Supervisor, All City Management Services; Santa Fe Springs, CA — 2oo9-2o12 Managed the crossing guard program For the Newport -Mesa school district. Responsible For the recruiting, hiring, training and supervision of se crossing guards. Conducted regular field safety training and maintained a program of high standards. Handled scheduling and payroll; served as a liaison to school officials, city officials and operations management. Owner, Bella Michele Jewelry; Irvine, CA — 2005-2012 Responsible for product development, analysis and marketing. Handled purchasing, bookkeeping, organization of inventory as well as training and management of 4. employees. Created and maintained a large website and online database. Sought out advertising using social media. Executive Director, Cancer Camp Connections; Irvine, CA — 1998-2007 Created a national database of summer camp programs for children with Iife threatening diseases. Developed from the ground up a 501(Q3. charity.; provided leadership in Fttlfi[Iment of the mission, vision and goals of the organization. Implemented policies and decisions of the Board of Directors. Secured funds and managed budget; sought gr-ant opportunities. Supported and sustained growth; served as spokesperson; conducted program planning and development. EDUCATION Gunderson High School, San Jose, CA - 1984 University of Colorado, Boulder; Bachelor of Arts, Social Work - 1989 SKILLS Strong communication skills. Ability to adapt to difficult and stressful situations. Detail oriented. Capable problem solver. Excellent organizational and leadership skills. Kimberly M. Brooks 15607 W. 831d Street • Lenexa, KS 66219• (913)952-9159 kim@thecrossingguardcompany. com REGIONAL SUPPORT 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 relationships with clients, supervisory staff, guards, and internally at any organizational level. ✓ Client engagement ✓ Recruiting & Training ✓ Relationship Builder ALL CITYMANAGEMENT SERVICES ✓ Safety focused ✓ Coaching & Mentoring ✓ Problem -solver Professional Experience Regional Support Manager — May 2020 to Present 2016 to Present • Responsible for overseeing the day-to-day functions of the Regional Manager. • Identify challenge programs in cooperation with Regional Manager. • Oversee Client Relationships. • Assist in the development and transition of new programs. National Advertising and Recruiting Coordinator — February 2018 — May 2020 • Manage advertising and nationally. • Recruit, hire and train Recruiting Coordinators to build relationships within their community. • Collaborate directly with Regional Manager to combat staffing issues within areas directly. • Develop new strategies for recruiting. Regional Supervisor — September 2016 to 2018 • 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 Iowa. • Other duties include approving payroll, onboarding and training employees. Area Supervisor — July 2016 to 2018 • Recruit, train and staff crossing guards in the City of Lenexa. • Overall administrative functions for the area. Kimberly M. Brooks Page 2 SECURITAS 2015 to 2016 Crossing Guard — August 2015 to May 2016 • Conduct safe crossings for pedestrians. VARIousDENTAL PRACTICES 1992 to 2013 Expanded Functions Dental Assistant — 9 years • Expanded functions include placing composite and amalgam fillings, polishing fillings, packing retraction cord, taking impressions for crowns, bite splints, and making temporary crowns. • Working with children that have special needs. • Charting treatment plans and patient chart maintenance. • Dietary, preventive and treatment consultations with patients. Dental Assistant — 12 years • Chair -side duties include assisting in all procedures including fillings, crown preps, root canals and surgical extractions. • Scheduling appointments, creating treatment plans and presenting them to patients. • Supply management, equipment repairs and maintenance. Maintain OSHA standards. Education and Training Johnson County Community College Prerequisites for Dental Hygiene State of Pennsylvania Certificate of Radiology York Vocational Technical School Dental Assistant Technical School PATRICIA J. POHL 21896 Red River Drive, Lake Forest, CA 92630 n 310.877.7045 WORK HISTORY 2010 to present All City Management Services, Inc. 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, California 90670 Vice President of Operations: Full responsibility for the planning, direction and coordination of all field - based leadership personnel nationwide (250+). Accountable for development and implementation of cost- effective procedures to meet current and future company needs. Responsible for all aspects of operations to ensure successful compliance with policies and procedure resulting in achieving optimum safety standards. 1998 to 2010 All City Management Services, Inc. 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 all Crossing Guards. 1994 to 1998 All City 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 history of repeated promotion to positions of leadership and management based on work ethic and commitment to the success of employer. PROFESSIONAL ASSOCIATIONS 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 Certification, currently status; active Understanding of Need Approach and Management Plan ACMS will continue to provide the agreed to level of service upon contract award and our approach is simply a continuation of our current processes. This includes scheduling, daily site inspections, guard sourcing, hiring and training (when needed) and overall program management and administrative support. We employ 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 Regional Support Manager work together (with input from City of Santa Ana) to establish specific program objectives and expectations. These Senior Managers then work directly with your Regional/Project Manager and Area Supervisors to implement the management plan. The Project Manager along with your local Area Supervisors; has responsibility for the direct management of the Crossing Guards and together they will continue to ensure City of Santa Ana 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 attitudes 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 local Area Supervisors and Project Manager. In addition to verbal training and counseling, these managers are supported by the use Field Training Check Lists, Field Training Cards, Site Performance Evaluations, Independent Field Observations and a professionally produced Crossing Guard Safety DVD. Reports of satisfactory completion of all levels of training and ongoing safety reviews will be summarized and available to the City of Santa Ana representative. Background checks and fingerprinting will be completed on all potential employees as allowed by California state law. Successful completion of the background check, drug and alcohol screening, employment reference check and Social Security verification via E-Verify is required prior to the employee being hired. ACMS understands eligible employees should have no current or prior felony convictions. ACMS will comply within the Equal Employment Opportunity Commission guidelines when making hiring decision based on criminal records. After hiring 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 Santa Ana 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 California Penal Code or which requires registration under California Penal Code • Conduct which requires registration under California Health and Safety Code. • Any offense involving the use of force or violence upon another person. • Any offense involving theft, fraud, dishonesty, or deceit. • Any offense involving the manufacture, sales, possession or use of a controlled substance • Conspiracy or attempt to comment any of the aforementioned offenses. • Any registered sex offender or narcotics offender. Summary reports of background clearance on employees within the City of Santa Ana Crossing Guard program will be regularly available to the City. ACMS will investigate all public complaints concerning crossing guard services. All incidents shall be reported to City within two (2) hours to advise the nature of complaint. ACMS shall furnish 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 Area Supervisors. 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 of the 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 afternoon) and optimize the protected periods. Additionally, locations are continually monitored for actual pedestrian traffic patterns 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. Recruitment and Staffing ACMS Managers will continue to assess the staffing needs of the City of Santa Ana 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 recruitment of new Crossing Guards. As a part of our Staffing 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 is 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. ♦ Supervisors must maintain an adequate alternate or substitute guard roster. We encourage at least a 5 to 1 ratio of sites versus alternate guards ♦ We require any guard not reporting for duty to notify the Area Supervisor as early as possible utilizing our 24/7 Guard Hotline or directly notifying their Area Supervisor. Notifications less than 1 hour prior to shift starts are considered unexcused absences. ♦ Our employee policy is "No call, No show, No Job" Throughout our training we emphasize the importance of insuring the safety of children by our presence. As such, we cannot allow the children's safety to be compromised by failing to call or show for duty. Supervisor Teams — The City of Santa Ana would benefit from our presence in nearby cities such as: Costa Mesa, Newport Beach, Huntington Beach, Cypress, Laguna Niguel, Los Alamitos, Yorba Linda, Placentia, Fullerton, Stanton, and Orange County Sheriff's. 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. Training Effective initial and ongoing training is essential in a profession dedicated to the safety of children. With over 34 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 outlines job expectations and our zero -tolerance policy for failure to report for a scheduled 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 Handbook for 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 employee's 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 addresses the needs of the visual, auditory and kinesthetic learner. While the classroom setting is expected to require approximately two - three hours and the field training approximately two - four hours, it's important to note 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 of 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 employees 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. Prior to the start of every school year guards are re -contacted for assignment readiness and take part in a review/refresher training before the start of the school year. The standard issue equipment and clothing includes: • ANSI II compliant high -visibility retro-reflective vest marked with the required insignia of a Crossing Guard • MUTCD compliant 18" STOP/STOP paddle Picture Identification Card with emergency contact information • Company -issued cap or visor with corporate logo • Whistle for emergency alert to vehicles and pedestrians • High -visibility ANSI II compliant jacket and/or rain jacket. Relevant Project Experience Qualifications & Experience Our ability to continue to operate and manage the City of Santa Crossing Guard program is supported by our current success operating the Santa Ana program and with similar programs in Southern California. Some of these programs include: City of Costa Mesa, City of Garden Grove, City of Lake Forest, City of Cypress, Orange County Sheriff's, City of Yorba Linda, City of Fontana, City of Buena Park, City of Tustin, City of La Palma, City of Fullerton and many others. Our many other clients include; Beverly Hills Unified School District, CA; Pasadena, CA; Los Angeles County Office of Education, CA; Huntington Beach, CA; Riverside, CA; San Bernardino, CA; Redwood City, CA; County of Marin, CA; Palo Alto, CA; among 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; "School Children Safety" 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 of service provided. Regional Manager/Project Manager: Michele Busch Michele has been providing supervision and support for ACMS Crossing Guards Programs since 2009 and through this time she has managed over 32 programs with over 250+ locations and 16 different Area Supervisors. Her strong communication and leadership skills have contributed to ACMS being able to provide model crossing guard programs for the cities, agencies and school districts we service. Michele has been a certified School Crossing Guard trainer since 2009 and has managed many successful programs comparable to the City of Santa Ana Crossing Guard program. Please see a listing of some of the programs she has managed that are similar in size and proximity to your program. Matthew Barr; Lieutenant 30111 Crown Valley Blvd. Laguna Niguel, CA 92677 Phone: 949 362 4310 David Dereszyniski; Sergeant 2000 Main Street Huntington Beach, CA 92648 Phone: 714 374 1534 Julie Kennicutt; Management Analyst 401 E. Chapman Ave. Placentia, CA 92870 Phone: 714 993 8200 City of Laguna Niguel: - 1 Area Supervisor - 17 School Crossing Guards - 6 Alternate/Relief School Crossing Guards - June 30, 1994 - Current City of Huntington Beach: - 1 Area Supervisor - 30 School Crossing Guards - 15 Alternate/Relief School Crossing Guards - July 1, 2010 - Current City of Placentia: - 1 Area Supervisor - 5 School Crossing Guards - 1 Alternate/Relief School Crossing Guards - July 1, 1997 — Current Spencer Arnold; Sergeant 870 Santa Barbara Drive Newport Beach, CA 92660 Phone: 949 644 3744 Maria O'Connell; Captain 3201 Katella Ave. Los Alamitos, CA 90720 Phone: 562 431 2255, Ext. 405 City of Newport Beach: - 1 Area Supervisor - 20 School Crossing Guards - 6 Alternate/Relief School Crossing Guards - July 7, 2007 - Current City of Los Alamitos: - 1 Area Supervisor - 7 School Crossing Guards - 3 Alternate/Relief School Crossing Guards - July 1, 2016 - Current Objective: Every program we manage has the same objective and that is to provide a model School Crossing Guard program. This is done by educating students on proper crossing techniques; such as following local traffic regulations and using traffic control devices to ensure safe routes to school for all students and parents in the community. We have accomplished this through our dedication to on -going training, ensuring adequate staffing levels are in place, professional staffing and the years of experience provided by our management team. Challenges: Each program we manage comes with its own set of challenges, which can vary from but not limited to; transitioning from city, agency or district management to private management, becoming familiar with ACMS policies and procedures, coordinating schedule changes from various schools, accommodating guard days off due to medical needs, etc. It is through our detailed training, experience in Crossing Guard Program management and continued employee training that has allowed us to overcome these challenges. Accomplishments: ACMS has been successful in our ability to learn from each set of challenges, issues programs face and articulate those changes and experiences into our training policies and procedures. This ongoing training has allowed us to continue to improve and grow as a company and services provider. Please see an attached listing of some of the recognition ACMS has received over the years. Please see additional references attached. References References for Crossing Guard Services (All listed references are current clients) City of Garden Grove PD (Since 1/2009) Client Contact: Kevin Brody, Captain Address: 11222 Acacia Parkway Garden Grove CA 92840 Phone: 714 741 5819 City of Lake Forrest (Since 6/2003) Client Contact: Brett Channing, Director Address: 25550 Commerce Ctr Dr Ste 100 Lake Forest CA 92630 Phone: 949 461 3419 City of Stanton (Since 9/1990) Client Contact: Allan Rigg; Director Address: 7800 Katella Ave. Stanton, CA 90680 Phone: 714 890 4205 Orange County Sheriffs (Since 11/2018) Client Contact: Olivia Prudencio, Admin. Address: 320 N. Flower St. Santa Ana, CA 92703 Phone: 714 834 6687 City of Yorba Linda (Since 8/2009) Client Contact: Tony Wang, Manager Address: P.O. Box 87014 Yorba Linda CA 92885 Phone: 714 961 7184 City of Costa Mesa (Since 9/2006) Client Contact: David Cho, Admin. Address: P.O. Box 1200 Costa Mesa CA 92626 Phone: 714 754 5182 City of Cypress (Since 4/1997) Client Contact: Brain Heally, Sergeant Address: 5275 Orange Avenue Cypress CA 90630 Phone: 714 229 6600 City of Fontana (Since 8/2008) Client Contact: Bob Ramsey, Administrator Address: 9680 Citrus Avenue #9 Fontana CA 92335 Phone: 909 357 5000 City of Buena Park PD (Since 12/2010) Client Contact: Nghia Nguyen, Sergeant Address: 6640 Beach Blvd. Buena Park CA 90621 Phone: 714 562 3943 City of Tustin (Since 8/2009) Client Contact: Ryan Coe, Sergeant Address: 300 Centennial Way Tustin CA 92780 Phone: 714 573 3219 City of La Palma PD (Since 12/1998) Client Contact: Jim Engen, Captain Address: 7792 Walker Street La Palma CA 90623 Phone: 714 690 3381 City of Fullerton PD (Since 7/2000) Client Contact: Mike Chlebowski, Comdr, Address: 237 Commonwealth Avenue Fullerton CA 92832 Phone: 714 738 6816 10440 Pioneer Blvd., Suite * Santa Fe Springs * CA * 90670 * PHONE (310) 202 -8284 * FAX (310) 202 -8325 Scope of Services ACMS General Scope of Services All City Management Services, Inc. will handle the Crossing Guard services for the City of Santa Ana for a minimum term of one year with an option to extend the contract for a an additional one year team. 2. ACMS will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. ACMS is an independent Consultant and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City of Santa Ana. 3. Crossing Guard Services shall be provided by ACMS at designated locations and times, identified by the City of Santa Ana and ACMS shall provide coverage at the school crossings as required. New locations may be added at the City's request and ACMS will increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 4. ACMS Criminal background checks will be completed on all potential employees as allowed by California state law. Successful completion of the fingerprint background check, drug/alcohol screening, employment reference check and Social Security verification via E-Verify is required prior to the employee being hired. ACMS understands eligible employees should have no current or prior felony convictions. ACMS will comply within the Equal Employment Opportunity Commission guidelines when making hiring decision based on criminal records. 5. ACMS mandates that all employees report any criminal charges brought against them immediately. ACMS shall then notify City of Santa Ana. 6. ACMS designated Trainer will conduct training for Crossing Guards. ACMS shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties ACMS and employees of the ACMS shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws and codes pertaining to general pedestrian safety and school crossing areas for states in which services are to be performed. 7. All Crossing Guards shall receive training pertaining to general traffic safety for pedestrians, motorist and themselves while serving as crossing guards. 8. ACMS employees shall work to the highest professional standards and act in a courteous, respectable manner and shall conduct themselves in a manner that is befitting a public servant. They shall present a professional appearance, that is neat, clean, well-groomed and be properly uniformed. 9. ACMS shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. The apparel must be appropriate for weather conditions. 10. ACMS shall be responsible to coordinate with Schools to ensure coverage is being provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than standard scheduled hours. 11. ACMS shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this agreement. 12. ACMS shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. ACMS shall provide for its employees a 24-hour answering service and shall establish its own call -out procedures. 13. ACMS will investigate all public complaints concerning Crossing Guard services. All incidents shall be reported to Municipality or School District within two (2) hours to advise of the nature of complaint. ACMS shall furnish a written report within five (5) business days after the date of the incident, which includes the course of resolution to said complaint. 14. Any employee whose conduct is not satisfactory, as determined by the City of Sana Ana, shall be removed from providing crossing guard services in the City of Santa Ana. 15. ACMS will conduct all administrative duties associated with the City of Santa Ana Crossing Guard program. Implementation Schedule City of Santa Ana School Crossing Guard Program (Estimated) Implementation Schedule / Major Milestones Contractor Notification (unofficial) February 23, 2021 City Council Approval Mar. 2nd Contract and Insurance complete (Final Terms agreed to) Mar. 23`d City of Santa Ana Kick -Off Meeting (Santa Ana Staff, ACMS Team) May 24' ACMS Training Review Meeting(s) with current crossing guards, substitutes (Assignments / schedules confirmed equipment delivered to guards) Jul. 6th — 91h School designees re -contacted and Monthly Status Meetings agreed to Jul. 19th — Aug. 6th Additional Training/Equipment needs delivered Jul. 26th — 301h Guards re -contacted for assignment readiness Aug. 2nd — 6th Guards on site / Area Supervisor in field for Santa Ana Unified School District Aug. 10th Guards on site / Area Supervisors in field for Orange Unified School District Aug. 18th Guards on site, Area Supervisors in field for Garden Grove Unified School District Aug. 24th 60 Day Review City of Santa Ana / ACMS Team (next Review Meeting scheduled) Oct. 11th Fee Proposal Appendix ATTACHMENT 2 FEE PROPOSAL FORM COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM HOURLY STAFF SALARY Crossing Guard Salary (Hourly) $14.00; $15.00 effective 111@2 Crossing Guard Supervisor Salary (Hourly) $17.00; $18.00 effective 111122 COST SUMMARY [Annual] Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) $s87,967,00 Supervisor Salary (Hourly Rate x estimated annual hours) $35,987.00 Payroll Tax $84,711.00 Workers Compensation $84,708.00 Liability Insurance $191867.00 Administrative Overhead $106,944.00 Profit $ 41,589.00 TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $1.061173.00 Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 hours Total Annual Cost or Adult Crossing Guard Program Total Crossing Guard Billing $1.061.773.00 47,500 hours $22.45 I H r Non-Fa1 Funding (0,1.2020) Page I of 2 Appendix ATTAC[iMENT 2 FEE PROPOSAL FORM ***Optional pricing includes additional S5M in liability insurance*** COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM YEAR 1 (2021/2022) HOURLY STAFF SALARY Crossing Guard Salary (Hourly) $14.00; $15.00 effective 1/1/22 Crossing Guard Supervisor Salary (Hourly) $17.00; $18.00 effective I11/22 COST SUNIMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) $687,967.00 Supervisor Salary (Hourly Rate x estimated annual hours) $ 35,987.00 Payroll Tax $84,711.00 Workers Compensation $84,708.00 Liability Insurance $128,b45.00 Administrative Overhead $106,944.00 Prolit $ 41,589.0 TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM SI,170,551.00* Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 hours Total Annual Cost of Adult Crossing Guard Program *Please note our proposed pricing Includes a cost of 582,600.00 for additional liability insurance coverage, should ACMS be able so secure additional liability insurance at a lower cost, ACMS will share the savings with the City of Santa Ana. Total Crossing Guard Billing S 1,170,551.00* 47,500 hours $ 24•64 / Hr Page 1 of 2 Non- FLd Funding (6.1.2020) City of Santa Ana Program Pricing (Option 1) *Please note our proposed pricing includes a cost of $82,600.00 for additional liability insurance coverage. Should ACMS be able to secure additional liability insurance coverage at a lower cost, ACMS will share the savings with the City. Year 1 (2021/2022) • Billing Rate: $24.64 • Program Hours: 47,500 • Not to Exceed Price: $1,170,551.00* • Guard Wages: $14.00; $15.00 effective 1/1/22 • Supervisor Wages: $17.00; $18.00 effective l/l/22 Year 2 (2022/2023) • Billing Rate: $24.99 • Program Hours: 47,500 • Not to Exceed Price: $1,187,025.00* • Guard Wages: $15.00 • Supervisor Wages: $18.00 Forms / Addenda COST PROPOSAL FORM GENERAL INFORMATION 1. Name of Organization: AN City Management Services, Inc. 2. Organization is: (Check One) Corporation X Association Partnership Sole Proprietor 3.Organization Address and Telephone Number: 10440 Pioneer Blvd., Suile 5, Santa Fe Spring, CA 90670 4. List the Name, Title and Telephone Number(s) of the Organization's Authorized Representatives: Baron Farwell, President 310 877 7338 Demetra Farwell, Corporate Secretary, _ 800 540 9290 Fact. 102 These individuals are authorized to sign contracts on behalf of All City Management Services. Inc. Page 2 of 2 NowFed Funding (6.1IWO) Appendix ATTACHMENT 4-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature port' thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautione hat making a F certification may subject the certifier to criminal prosecution. State of California County of 1-6's At�619- 5 Subscribed and sworn to (or affirmed) before me on this d3 day of-ltqV • 20 a/, by /WCi%tJ 71/" ✓` , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. CXTE/Il DED RIR.S0�9NT 0 EXEClJ77 u ORDtrK AI- (,3- ZO (�L 4ffdl-�,� Notary Public Signature LOUI5 R. MARTIIII COMM. #2161376 z a ia* Notary Public . California o * Orange County Comm. E fires u 29, 2020 Notary Public Seal City of Santa Ana RFP 20-149 Page A4-1 Appendix ATTACHMENT 4-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: l . No federal appropriated funds have been paid or will be. paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congrms, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grunt, the making of any !federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2, if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352. Title 31, U. S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not mare than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firth All City Management Servictfs, Inc. Signed and Printed Tide Cirectorof Date % Harlan Sims City of Santa Ana RFP 20-149 Page A4-2 - - - — - - - -—APPendix - - - -- ATTAC11MENT 4-3: NON-DISCRIMINATION CER'I'IFICATiON CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading„ demotion, or transfer; recruitment or recruitment advertising; layoff or tenninaition; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous plaices, available to employees and applicants for employmient, notices to be. provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 1 The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor rtnion or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Consultant shall comply with all provisions of Executive Order 1124+6 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, .and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. in the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in .Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 20-149 Page A4-3 by rules., regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,. 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance, provided. however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering; agency, the Consultant may request that the United States enter into such litigation to protect the interests ofthe United. `Mates. g. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Mats. 1939, and as amended, No discrimination shall be made in (he employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to allffie penalties imposed for a violation of the Chapter, Sighed:' Title: Director of Marketing Firm; All City Management Services, Inc,. Date: City of Santa Ana RFP 20-149 Page A4-4 MAYOR Vicente Sarmiento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thal Vlet Phan December 22, 2020 ADDENDUM ONE CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza ■ P.O, Box 1988 Santa Ana, California 92702 www,sanla-ana,oro (7141647-5619 SUBJECT: RFP NO. 20-149: CROSSING GUARD SERVICES The following changes/clarifications have been made to the above Request for Proposal: 1. Add new section to the RFP: Price Adjustments: The parties may annually agree to an adjustment of charges (not to exceed 2%) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI), The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) All other All and c ions of the RFP remain unchanged. Edwin "William" Galvez City Engineer SANTA ANA CITY COUNCIL Vlcenle Sarmlento David Penalozo Thal Viet Phan Jeaele Lopez Phil Bacerra Johnelhan Ryan Hernandez Nelldo Mendoza Mayor Mayor Pro Tom, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 5 rrn n ^an -E&V anta•ona.oro I>z K 1 3Pta1.aPa 0rfl 1 • t • t - rw orQbn�nrto�.ap^J Len 4m kta� n�nsle.t�kflanw>au¢.QW owdnftdwmilr- m MAYOR Vicente Sannlento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thal Viet Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 vwvw.sarlta-ana.or (7141647.5619 January 19, 2021 ADDENDUM TWO SUBJECT: RFP NO. 20-149: CROSSING GUARD SERVICES CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The following changes/clarifications have been made to the above Request for Proposal: Replace Page 2 Notice Inviting Proposals with the attached Page 2 Notice Inviting Proposals. The Proposals are now due January 28, 2021. All other terms ang-fanditions of the RFP remain unchanged. J Edwin "William" Ga City Engineer SANTA ANA CITY COUNCIL Vicente Sarmianlo David Penaloze Thai Viet Phan Jessie Lopez Phil Bacerra Johnalhan Ryan Hernandez Nelida Mendoza Mayor Mayor Pro Tam, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward G Imienlo a nw• na. r +i Io 715w1 W.ana,Mp Ir7hHnE�Sanla•1M,giq j ryYglgppx Sanla•iuia.oro it R@dLlLI1�"�11,QS1 Ih'l�I�ania-ann.oru m nn.or NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than JANUARY 28, 2021 at 5:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR CROSSING GUARD SERVICES RFP NO.20-149 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: ZDENEK "ZED" KEKULA Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For further instructions regarding hard copy submission of proposals, refer to PlanetBids and Section I - Introduction/Program Description in this RFR All notifications, requests for information, updates and addenda will be posted online on PlanetBids at littps://www.planetbids.com/portal/poi-tal-efii?_Cotnpauiy[D�2O137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City of Santa Ana RFP 20-149 Page 2 Over thirty years of experience in providing communities with PROFESSIONAL SCHOOL CROSSING GUARD SERVICES �`�r `1 r r 1 l��l���i�� } �1i���i 1�r�y i �` ■ `�, EXHIBIT C Appendix ATTACHMENT 2 FEE PROPOSAL FORM ***Optional pricing includes additional S5M in liability insurance*** COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM YEAR 1 (2021/2022) HOURLY STAFF SALARY Crossing Guard Salary (Hourly) Crossing Guard Supervisor Salary (Hourly) COST SUNIMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) Supervisor Salary (Hourly Rate x estimated annual hours) Payroll Tax Workers Compensation Liability Insurance Administrative Overhead Prolit TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $14.00; $15.00 effective 1/1/22 $17.00; $18.00 effective 111/22 $ 687,967.00 $ 35,987.00 $ 84, 711.00 S84,708.00 $128,645.00 S 106,944.00 S 41,589.0 1,170,551.00* Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 hours Total Annual Cost of Adult Crossing Guard Program *Please note our proposed pricing Includes a cost of 582,600.00 for additional liability insurance coverage, should ACMS be able so secure additional liability insurance at a lower cost, ACMS will share the savings with the City of Santa Ana. Total Crossing Guard Billing S 1,170,551.00* 47,500 hours $ 24•64 / Hr Page 1 of 2 Non- FLd Funding (6.1.2020) City of Santa Ana Program Pricing (Option 1) *Please note our proposed pricing includes a cost of $82,600.00 for additional liability insurance coverage. Should ACMS be able to secure additional liability insurance coverage at a lower cost, ACMS will share the savings with the City. Year 1 (2021/2022) • Billing Rate: $24.64 • Program Hours: 47,500 • Not to Exceed Price: $1,170,551.00* • Guard Wages: $14.00; $15.00 effective 1/1/22 • Supervisor Wages: $17.00; $18.00 effective l/l/22 Year 2 (2022/2023) • Billing Rate: $24.99 • Program Hours: 47,500 • Not to Exceed Price: $1,187,025.00* • Guard Wages: $15.00 • Supervisor Wages: $18.00 AGREEMENT TO PROVIDE CROSSING GUARD SERVICES THIS AGREEMENT is made and entered into this 20th day of July, 2021 by and between All - City Management Services, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On November 24, 2020, the City issued Request for Proposal No. 20-149, by which it sought qualified contractors to provide adult crossing guard services to aid primary school children in the community as they walk to and from school. The crossing guard program is to include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 20-149. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services described in the scope of work that was included in RFP No. 20-149, which is attached as Exhibit A and incorporated in full, and as more specifically delineated in Contractor's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed $6,869,996 during the term of this Agreement, including any extension periods. This sum is comprised of (1) the base amount of $6,245,451 and (2) a 10% contingency in the amount of $624,545 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be Page 1 of 8 expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on July 19. 2022, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for four additional 1-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in Page 2 of 8 any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $5,000,000 per occurrence, with $10,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Worker's Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Page 3 of 8 contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. f If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Furthermore, notwithstanding the foregoing, such obligation to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. Page 4 of 8 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana Page 5 of 8 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: All -City Management Services, Inc. 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Attn: David Mecusker, Contract Administrator A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Page 6 of 8 Agreement performed by City personnel or by other contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 8 20* PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the pity of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Salad inability shall be cause for termination of this Agreement. 210 MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement., and shall indemnify City fully, including reasonable costs and attorney s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. bo All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM SOMA R. CARVALHO City Attorney By: a 7)(ee Tol��4� JKhn M.Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR EXHIBIT A SCOPE OF SERVICES & CROSSING GUARD LOCATIONS I. INTRODUCTION The City of Santa Ana, California is soliciting proposals from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. The out -sourced crossing guard program will include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana at the locations identified in Table A shown in the Appendix Attachment 1, Section VII (page 6 of 8). The City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract one additional two—year term. It is anticipated that this new contract will commence on July 1, 2021. II. BACKGROUND The City of Santa Ana is located in central Orange County approximately 30 miles southeast of Los Angeles. Santa Ana covers 27.2 square miles and is the most populous city in Orange County with approximately 340,000 residents. The City of Santa Ana is the County Seat of Orange County, which can lead to an increase in the daytime population by approximately 50% during normal business hours. Santa Ana is bordered by the cities of Orange, Tustin, Garden Grove, Irvine and Costa Mesa. Santa Ana has a diverse population comprised of 73% Hispanic, 12.4% White, 8.7% Asian, 1.3% Black, and 0.3% American Indian, and Eskimo. There are approximately 54,000 students of all ages currently enrolled in schools throughout the City. The City of Santa Ana has a mild climate with an average annual temperature of 75 degrees, and an average annual rainfall of 13.7 inches. Crossing guard locations are strategically positioned near schools located within the Santa Ana Unified School District, the Garden Grove Unified School District and the Orange Unified School District. During the 2018--2019 school year, crossing guards worked a total of 47,325 hours providing crossing guard services to the children of our community. Data for the 2019- 2020 and 2020-2021 school year are not provided due to the COVID pandemic which disrupted normal walking and pedestrian activity in March 2020 through the publication date of this RFP. All City Management Services currently manages the Adult Crossing Guard Program which consists of 52 crossing guards who provide crossing guard services to 70 locations within the city limits, which are listed in Table A. Oversight was being provided by the Santa Ana Police Department, however in the summer 2020, program oversight was transferred to the Public Works Agency. All City Management Services also oversees the recruitment, training, and management of all crossing guards, as well as their placement at locations as requested by the City. This will be the responsibility of the successful proposer. Page 1 of 8 Non -Fed Funding (6.1.2020) III. SCOPE OF WORK The scope of work consists of out -sourced Adult Crossing Guard Program. The successful contractor shall agree to perform school crossing guard services for the City of Santa Ana and the school districts within the city limits. The scope of work shall include the following: The Contractor will monitor, supervise, and assure the safety of all school children that utilize intersections and crosswalks while moving to and from school zones. 2. The Contractor shall perform all work to the highest professional standard an in a manner deemed reasonably satisfactory by the Public Works Director or director's designee. 3. Contractors will provide an estimated 47,500 hours per year of crossing guard services by qualified adult crossing guards approved by the City of Santa Ana as shown in Exhibit "A." These estimated hours are based on the number of crossing guard hours per day (at all crossing guard locations) multiplied by the number of annual school days. However, the Contractor is required to staff the crossing guard positions whenever the schools modify their schedules as they accommodate the academic needs of their students. These modifications in terms of crossing guard hours are included in the estimated 47,500 hours of crossing guard services anticipated to be provided in the 2021-2022 school year / fiscal year. 4. New locations may be added at the City's request and the Contractor will increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 5. Contractor will provide all administrative duties associated with the Adult Crossing Guard Program in the City of Santa Ana. 6. The Contractor will be required to provide supervision of all employees associated with conducting the Adult Crossing Guard Program, including the recruitment, hiring, discipline, and termination of employees. 7. Contractor will provide all facilities, vehicles, and other associated equipment related to conducting the Adult Crossing Guard Program. Required equipment will, at a minimum, include safety-reflectorized vests, stop signs, whistles, rain gear, and photo -identification badges. 8. Contractor shall provide all employees with equipment that complies with all applicable laws and established safety standards. 9. Contractor agrees to offer employment to the currently employed All City Management Services employees who were performing City of Santa Ana Adult School Crossing Guards services if they meet the Contractor's hiring requirements. Those employees shall be hired and retained at an hourly rate that is no less than the amount compensated while previously providing crossing guard services. However, these employees shall be subjected to the personnel rules of the Contractor as it relates to step increases, salary caps, Page 2 of 8 Non -Fed Funding (6.1.2020) and continued employment. The City of Santa Ana makes no representation of employment adequacy of the previously employed employees. Furthermore, the Contractor shall ensure that the previous Adult School Crossing Guards employees, at a minimum, meet the conditions of Section III, Subsection 13 of this scope of work as well as the Contractor's hiring and retention policy. If the current employee meets the hiring and retention criteria of the Contractor, they shall be offered employment with the Contractor at their current hourly rate. 10. The Contractor shall arrange for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. The Contractor shall contact the Santa Ana Public Works Agency immediately if a position cannot be filled by the Contractor. The City will staff that position and bill the Contractor for the time spent covering that post in accordance with the Miscellaneous Fee Schedule. 11. The Contractor shall be responsible to coordinate with the affected schools and school districts to ensure coverage is provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than the norm. 12. Contractor will provide all of the required training for employees selected to be crossing guards. 13. The Contractor shall certify that all employees selected to perform the duties of a crossing guard in the City of Santa Ana have never been convicted of any felony, a crime of moral turpitude, or any crime against children. In addition, the recruitment process shall incorporate a Pre -Employment Screening Program that includes: a. An employment reference check b. A criminal background checks and fingerprint check c. A drug and alcohol screening test d. Social Security verification e. Only documented, authorized Contractor employees are eligible to work or permitted on or in City facilities (Verification of the INS-9 forms must be provided to the City upon request) 14. Any employee whose conduct is not satisfactory, as determined by the City of Santa Ana, shall be removed from providing crossing guard services in the City of Santa Ana. 15. The Contractor shall investigate all public complaints concerning crossing guard services. In the event of a complaint, the Contractor shall contact the City of Santa Ana Public Works Agency at (714) 647-5624, within two (2) hours, to advise the nature of the complaint and the course of actions/remedy/resolution of said complaint. Contractor shall furnish a written report of the incident to the City of Santa Ana Public Works Agency within five (5) business days after the occurrence. Contractor shall maintain detailed records and reports of the total number of hours of service provided. These records shall list the number of hours worked at each location. These records will be made available for inspection and audit by the City of Santa Ana at any time. Page 3 of 8 Non -Fed Funding (6.1.2020) IV. EXAMINATION OF WORK AREA Prior to submitting a proposal, contractors are responsible for familiarizing themselves with the applicable schools and Crossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, the City will provide upon request all available information, which it deems may be of assistance to prospective contractors. It should be noted that street intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana. V. ADDITIONAL REQUIREMENTS I . Training — Provide a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re -testing and re- evaluation of your existing crossing of time for re -testing and re-evaluation of your existing crossing guards. A copy of all training manuals should be included in the proposal (if any) 2. Project Staffing — Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice. Submit a plan to hire existing All City Management Services employees, as required in the scope of work, who were providing Part -Time Adult Crossing Guards services, including the pay scale proposed to compensate these individuals. Submit an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final staffing plan. Submit a plan to ensure all positions are properly staffed during the times designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duty. Page 4 of 8 Non -Fed Funding (6.1.2020) IV. EXAMINATION OF WORK AREA Prior to submitting a proposal, contractors are responsible for familiarizing themselves with the applicable schools and Crossing Guard locations. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, the City will provide upon request all available information, which it deems may be of assistance to prospective contractors. It should be noted that street intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana. V. ADDITIONAL REQUIREMENTS I . Training — Provide a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re -testing and re- evaluation of your existing crossing of time for re -testing and re-evaluation of your existing crossing guards. A copy of all training manuals should be included in the proposal (if any) 2. Project Staffing — Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice. Submit a plan to hire existing All City Management Services employees, as required in the scope of work, who were providing Part -Time Adult Crossing Guards services, including the pay scale proposed to compensate these individuals. Submit an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final staffing plan. Submit a plan to ensure all positions are properly staffed during the times designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duty. Page 4 of 8 Non -Fed Funding (6.1.2020) 3. Subcontractors — Identify any subcontractors that would be used to implement, staff and manage the crossing guard program. Give a detailed description of their involvement, scope of work, and responsibilities. 4. Contractor Qualifications and Project Experience — The City of Santa Ana is particularly interested in selecting a Contractor that has extensive experience in providing adult crossing guard services to municipalities. Discuss the overall capabilities of the Proposer. Include a brief description of the Proposer's history and recent relevant experience (within the last five years). 5. Cost Proposal — Pricing should be as detailed as practical. Proposals are required to contain complete Cost Proposal Forms as shown in Attachment 2. The cost proposal shall include the cost of the contract while carrying Five Million Dollars ($5,000,000) per occurrence with Ten Million Dollars ($10,000,000) aggregate of Commercial General Liability Insurance. o Overall understanding of the project (20 points) o Qualifications and experience (20 points) o Supervisory personnel's qualifications, experience, time commitment (20 points) o Overall quality of the proposal (20 points) o References (20 points) VI. FINANCIAL INFORMATION 1. Submit a copy of your firm's most recently audited, as well as current (reviewed) financial statement. 2. Provide the following information relative to your firm's claims history for the past five (5) years. A. List all claims, demands for arbitration and/or lawsuits filed by your firm, predecessor company, or company officers against project owners or their agents. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount 5) Current Status 6) Award or Settlement Amount B. List all claims, demands for arbitration and/or law suits filed by project owners, their agents or subcontractors against your firm, predecessor companies, its agents or bonding company. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount Page 5 of 8 Non -Fed Funding (6.1.2020) 5) Current Status 6) Award or Settlement Amount VII. CROSSING GUARD LOCATIONS TABLE A - CROSSING GUARD LOCATIONS (Per week) Loc Intersection Mon Tues Wed Thurs Fri Total 1 Hazard/West IFOS SE 3 3 3 3 3 15 2 Fifth ST/Hu lars Ln 3 3 3 3 3 15 3 Newho e/Camile SE 3 3 3 3 3 15 4 Newho e/Kent (SW) 3 3 3 3 3 15 5 Hazard/ Rosita-So SE 3 3 3 3 3 15 6 Fifth ST/Rosita (S) 3 3 3 3 3 15 7 Camile/Jackson SW 3 3 3 3 3 15 8 Fairhaven/Old Grand S 3.25 3.25 3 3.25 3.25 16 9 St. Gertrude/Raitt SE 4.75 4.75 4.92 4.75 4.75 23.92 10 Santa Ana/Pacific E 5 5 5.75 5 5 25.75 11 Fifth St/Pacific (NE) 5 5 5.5 5 5 25.5 12 Center/Borchard E/AM W/PM 5 5 4.75 5 5 24.75 13 Edinger/Greenville (SE) 5 5 4.75 5 5 24.75 14 Edinger/Center 5 5 4.75 5 5 24.75 15 Edinger /Raiff /W 5 5 4.75 5 5 24.75 16.1 Main/Warner 4.75 4.75 4.75 4.75 4.75 23.75 16.2 Main/Warner SE 4.75 4.75 4.75 4.75 4.75 23.75 17 Broadway/Cubbon (SE) 4.75 4.75 4.75 4.75 4.75 23.75 18 Civic Center/English E 4.75 4.75 4.75 4.75 4.75 23.75 19 Santa Ana/Lac NE 4.5 4.5 4.67 4.5 4.5 22.67 20 6th/Lacy (SE) 4.5 4.5 4.67 4.5 4.5 22.67 21 Civic Center/Lac E 5 5 5.42 5 5 25.42 22 MacArthur/Raitt St (SE) 4.75 4.75 4.75 4.75 4.75 23.75 23 Greenville/Pomona E 5 5 4.5 5 5 24.5 24 Main/Walnut (SW) 5 5 4.75 5 5 24.75 25.1 McFadden/Fairview E 4 4 3.5 4 4 19.5 25.2 McFadden/Fairview (SE) 4 4 3.5 4 4 19.5 26 Adams/Raitt (SE) 4.67 4.67 4.67 4.67 4.67 23.35 27 McFadden/Standard (NE) 4.5 4.5 4.5 4.5 4.5 22.5 28 McFadden/Hathaway (NW) 4.5 4.5 4.5 4.5 4.5 22.5 29 McFadden/Pacific 4.75 4.75 5 4.75 4.75 24 30 Willits/Sullivan (NE) 4.75 4.75 4.75 4.75 4.75 23.75 31 Willits/Raitt (NE) 4.75 4.75 4.75 4.75 4.75 23.75 Page 6 of 8 Non -Fed Funding (6.1.2020) 32 Flower/Bishop (SW) 4 4 3.5 4 4 19.5 33 Flower/Highland (SW) 4 4 3.5 4 4 19.5 34 Hobart/Standard (SW) 5 5 5 5 5 25 35 Edinger/Standard (NW) 5 5 5 5 5 25 36 Olive/Wilshire (NW) 4.75 4.75 4.75 4.75 4.75 23.75 37 Flower/Wilshire (NW) 4.75 4.75 4.75 4.75 4.75 23.75 38 Central/Halladay (NW) 3.25 3.25 3.25 3.25 3.25 16.25 39 Monte Vista/Raitt (E-AM) (W- PM) 4.75 4.75 5 4.75 4.75 24 40 Chestnut/Halladay (NE) 4.75 4.75 4.75 4.75 4.75 23.75 41 Chestnut/Standard (SW) 4.75 4.75 4.75 4.75 4.75 23.75 42 Bristol/Santa Clara (SW) 4.75 4.75 4.75 4.75 4.75 23.75 43 Santa Clara/Baker (SW) 4.75 4.75 4.75 4.75 4.75 23.75 44 Poplar/Saint Andrew (NE) 4.25 4.25 4 4.25 4.25 21 45 Flower/MacArthur (NE) 4 4 3.75 4 4 19.75 46 Alton/Greenville (SE) 4.5 4.5 4.75 4.5 4.5 22.75 47 Bishop/Standard (NW) 4.75 4.75 4.75 4.75 4.75 23.75 48 Flower/Anahurst SW 4.75 4.75 4.75 4.75 4.75 23.75 49 Flower/Warner S 4.75 4.75 4.75 4.75 4.75 23.75 50 Washington/Baker SE 4.75 4.75 4.75 4.75 4.75 23.75 1143.03 Hours per week 1143.03 Days per week 5 Avg hours / day - Scheduled 228.606 Contingency hours / day 30 Total hours / day 258.606 School days per year 183 Hours per year 47,325 School Schedules Santa Ana Unified School District (SAUSD) Traditional Schedule - Schools within the SAUSD assigned to the traditional school schedule operate an average of 183 days per year beginning in August and ending in June. Garden Grove Unified School District (GGUSD) Traditional Schedule - All schools in the City of Santa Ana that are within the GGUSD are assigned to the traditional schedule. Traditional schedule schools are open an average of 183 days per year beginning in September and ending in June. Orange Unified School District (OUSD) Traditional Schedule - Fairhaven Elementary School is the only school in the City of Santa Ana that is governed by the OUSD. The school operates on a traditional schedule with an average of Page 7 of 8 Non -Fed Funding (6.1.2020) 183 days per year based on a schedule that begins in August and ending in June. Abbreviations N/E Northeast N/W Northwest S/E Southeast S/W Southwest S.A. Santa Ana Unified School District G.G. Garden Grove Unified School District Org. Orange Unified School District Priv. Private School Bilingual English/Spanish Crossing Guards are desirable due to the large Hispanic population and the high number of Spanish speaking residents in the City of Santa Ana Page 8 of 8 Non -Fed Funding (6.1.2020) EXHIBIT B 1!111 1 1111i!; "The Crossing Guard Company" A Proposal for City of Santa Ana Public Works Agency Crossing Guards Services RFP No.: 20-149 January 21, 2021 Presented by 10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, CA 90670 OFFICE PHONE: 800.540.9290 FAX: 310.202.8325 EMERGENCY DISPATCH: 877.363.2267 www.thecrossingguardcompany.com Cover Letter / Contract Agreement Statement Firm and Team Experience Understanding of Need Relevant Project Experience implementation Schedule • Fee Proposal mom-. - Forms / Addenda 11 I r�i A�RY600300 Cover Letter / Contract Agreement Statement RMFU 1121 January 21, 2021 City of Santa Ana Zdenek Kekula Crossing Guard Services RFP No. 20-149 20 Civic Center Plaza, Santa Ana, CA 92701 Dear Mr. Kekula On behalf of All City Management Services, Inc. (ACMS), I would like to express our sincere appreciation for the potential opportunity to continue to serve the City of Santa Ana Crossing Guard program. We are proud to have served the community of Santa Ana for the past sixteen (16) years. We have received the Request for Proposal, we have reviewed all RFP requirements, Specifications, Scope of Work, Standard Agreement and Addendums. We agree with the terms and conditions set forth with thee exception of Standard Agreement Item 7a — Insurance, Item -8 Indemnification and Addendum One regarding Price Adjustments. Item 7a — requires General Liability combined single limit coverage of not less than $10,000,000 per occurrence. Our current insurance coverage provides combined single limit coverage of not less than $5,000,000 per occurrence. We would hope to avoid any additional expense to the City and would request the limit to be lowered to $5,000,000 per occurrence. If the limit cannot be lowered, we would need to secure additional coverage. We have included this optional pricing exhibit via optional program pricing. Please see our pricing exhibits. Item 8 pertains to Indemnification and we would request a modification to the language proposed to include shared liability. We have included our preferred language in our response. Addendum One refers to price adjustments being tied to Consumer Price Indices and we would like this language to be removed, as the operational costs associated with a Crossing Guard program are not tied to CPI. If selected to continue services we would like to discuss price increase language that is acceptable to both parties. Our goal is simple, to continue to relieve the City of Santa Ana of the day-to-day responsibilities of managing a Crossing Guard Program. As your full services contractor, we have assumed complete responsibility for the day-to-day operations of the Santa Ana Crossing Guard program. This includes recruitment, background clearance, hiring, training, equipment, payroll, supervision, management of the program. We maintain local supervision, alternate guards, a paging system, and a 24-hour 800 number to ensure adequate response and immediate back-up for any Crossing Guard absent from duty for any reason. We also establish communication with each school to ensure proper scheduling. We have become the nation's largest provider of private crossing guards as a result of our singular focus to this industry as well development of benchmark training. This includes our "Employee Handbook for School Crossing Guards" which details our Job Requirements, the initial and ongoing Training we provide, including our Site Evaluations, our Rules of Conduct, Crossing Guard of the Year recognition and the Certification Requirements for all ACMS Crossing Guards. 10440 Pioneer Blvd Suite 5' Santa Fe Springs, Ca 90670 • 310-202-8284 0 800-540-9290 0 FAX 310-202-8325 If our proposal is accepted for final selection, ACMS agrees to negotiate in good faith with the City towards a final Agreement containing such material business and legal deal points as we set forth in Proposal. If awarded, the undersigned agree to execute a formal Agreement within ten (10) calendar days following the Notice to Proceed and will deliver to the City prior to the execution of the Agreement, certificates of Insurance and endorsements. ACMS represents that the following person is authorized to negotiate on their behalf with the City in connection with this RFP: Harlan Sims, Director of Marketing 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, CA 90670 800 540 9290, Ext 107 The undersigned certify that they have examined and are fully familiar with all of the provisions of the RFP Documents and are satisfied that said documents are accurate; and that they have carefully checked all works, figures and statements made in the proposal requirements and that we have satisfied ourselves with respect to other matters pertaining to the proposal which in any way affect the work or the costs thereof. The undersigned being cognizant of the pages, documents and exhibits contained herein agree to provide the City with services described in the proposal specifications an agreement documents. We are certainly excited about the possibility of providing Crossing Guard services for the City of Santa Ana once again. If you have any questions, please feel free to contact me at 800 540-9290 Sincerely, i - David Mecusker Contract Administrator david@thecrossingguardcompany.com 10440 Pioneer Blvd Suite 5 • Santa Fe Springs, Ca 90670. 310-202-82840 800-540-9290 0 FAX 310-202-8325 NOTE: THE CHANGES BELOW WERE NOT ACCEPTED BY THE CITY Exception Attachment 3; Standard Agreement Suggested Change/Exception: 8 — Indemnification; request to have following language added to section. Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage each a "Loss"), which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. In the event that Consultant's proposed duly qualified defense counsel is not reasonably acceptable to the City, The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Furthermore, notwithstanding the fore oin in the event that a court or 'u determines that lia bil ity with respect to any Loss was caused or contributed to by the negligent act; error. omission or willful misconduct of the City. liability will be apportioned between Consultant on the one hand and the City on the other hand with regard to such Loss based upon the parties' respective degrees of culpability, as determined by the court or jury, and Consultant's duty to indemnify the City, its officers agents, employees, contractors, special counsel and representatives will be limited accordingly. Firm and Team Experience ilOZ, all ut1 i..� COMPANY PROFILE All 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 currently have over 6,500 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 Crossing Guard Company". We have successfully privatized the Crossing Guard programs for over 250+ 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 currently 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 34 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. N O U x _ v c cd c u 0 o CJcz cli v -� o cqj O � G Gn U ++ U W ct W v o � v � m co U � cu r. v � U W O 01) O d' 1 O MO 00 • Cll O U U aA o~ a) w ct r M N VJ a� 0 a 0 0 ii M i"Alm City of Santa Ana Vice President of Operations Patricia Pohl 310 877 7045 cell Regional Support Manager Kim Brooks 913 333 2563 cell u Regional/Project Manager Michele Busch 949 648 4514 cell Area Supervisor(s) Rudy Ramirez 714 763 6352 cell Kathy Clickenbeard 714 800 3818 t 52 Crossing Guards Field Management 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 Santa Ana will continue to benefit from a team concept which consists of Area Supervisor, Regional Manager, Regional Support 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 (Rudy Ramirez / Kathy Clickenbeard): Area Supervisors will continue to handle all aspects of the daily supervision of the program of fifty-two (52) Crossing Guards and alternate pool. With support from the Regional Manager they will typically recruit, hire, train and provide personnel management for all the sites they oversee and will interface with school staff as needed. In addition to communicating with the City and School staff, they are responsible for ensuring each employee receives the proper number of Site Performance Evaluations. The Area Supervisors will be available by telephone on all occasions for discussion with City staff and will be locally available for meetings in person upon 24-hour written or telephonic notice. Area Supervisors will commit eighty-five percent (85%) of their time to the program and they report directly to the Regional Manager. Regional Manager (Michele Busch): Michele will serve as Project Manager and will continue to directly manage your Area Supervisors and provide training and support. She will continue to interface with the City of Santa Ana representative 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. Michele has considerable experience as a Project Manager overseeing many programs in Southern California. She will continue to ensure compliance with Company standards and City of Santa Ana expectations and be the liaison to the City. Michele Busch will commit twenty percent (20%) of her time to the program and reports directly to Regional Support Manager. Regional Support Manager (Kim Brooks): Kim has over 5 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 and will provide additional support as needed. Vice President of Operations (Pat Pohl): Pat has over 26 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. Pat will provide additional support as needed. Michele Busch 23 Greenbough Irvine, CA 92614. T (94,9) 922-5364 michele.boscha,cox,net EXPERIENCE Regional Manager, All City Management Services; Santa Fe Springs, CA — 2012-present Management of 8 area supervisors and 350 crossing guards in Southern California. Maintain communication with area supervisors; provide feedback, support, guidance and training. Investigate Complaints; enforce safety and disciplinary measures. Serve as a liaison to school and city officials and operations management. Assist in the development of new company procedures. Area Supervisor, All City Management Services; Santa Fe Springs, CA — 2oo9-2o12 Managed the crossing guard program For the Newport -Mesa school district. Responsible For the recruiting, hiring, training and supervision of se crossing guards. Conducted regular field safety training and maintained a program of high standards. Handled scheduling and payroll; served as a liaison to school officials, city officials and operations management. Owner, Bella Michele Jewelry; Irvine, CA — 2005-2012 Responsible for product development, analysis and marketing. Handled purchasing, bookkeeping, organization of inventory as well as training and management of 4. employees. Created and maintained a large website and online database. Sought out advertising using social media. Executive Director, Cancer Camp Connections; Irvine, CA — 1998-2007 Created a national database of summer camp programs for children with Iife threatening diseases. Developed from the ground up a 501(Q3. charity.; provided leadership in Fttlfi[Iment of the mission, vision and goals of the organization. Implemented policies and decisions of the Board of Directors. Secured funds and managed budget; sought gr-ant opportunities. Supported and sustained growth; served as spokesperson; conducted program planning and development. EDUCATION Gunderson High School, San Jose, CA - 1984 University of Colorado, Boulder; Bachelor of Arts, Social Work - 1989 SKILLS Strong communication skills. Ability to adapt to difficult and stressful situations. Detail oriented. Capable problem solver. Excellent organizational and leadership skills. Kimberly M. Brooks 15607 W. 831d Street • Lenexa, KS 66219• (913)952-9159 kim@thecrossingguardcompany. com REGIONAL SUPPORT 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 relationships with clients, supervisory staff, guards, and internally at any organizational level. ✓ Client engagement ✓ Recruiting & Training ✓ Relationship Builder ALL CITYMANAGEMENT SERVICES ✓ Safety focused ✓ Coaching & Mentoring ✓ Problem -solver Professional Experience Regional Support Manager — May 2020 to Present 2016 to Present • Responsible for overseeing the day-to-day functions of the Regional Manager. • Identify challenge programs in cooperation with Regional Manager. • Oversee Client Relationships. • Assist in the development and transition of new programs. National Advertising and Recruiting Coordinator — February 2018 — May 2020 • Manage advertising and nationally. • Recruit, hire and train Recruiting Coordinators to build relationships within their community. • Collaborate directly with Regional Manager to combat staffing issues within areas directly. • Develop new strategies for recruiting. Regional Supervisor — September 2016 to 2018 • 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 Iowa. • Other duties include approving payroll, onboarding and training employees. Area Supervisor — July 2016 to 2018 • Recruit, train and staff crossing guards in the City of Lenexa. • Overall administrative functions for the area. Kimberly M. Brooks Page 2 SECURITAS 2015 to 2016 Crossing Guard — August 2015 to May 2016 • Conduct safe crossings for pedestrians. VARIousDENTAL PRACTICES 1992 to 2013 Expanded Functions Dental Assistant — 9 years • Expanded functions include placing composite and amalgam fillings, polishing fillings, packing retraction cord, taking impressions for crowns, bite splints, and making temporary crowns. • Working with children that have special needs. • Charting treatment plans and patient chart maintenance. • Dietary, preventive and treatment consultations with patients. Dental Assistant — 12 years • Chair -side duties include assisting in all procedures including fillings, crown preps, root canals and surgical extractions. • Scheduling appointments, creating treatment plans and presenting them to patients. • Supply management, equipment repairs and maintenance. Maintain OSHA standards. Education and Training Johnson County Community College Prerequisites for Dental Hygiene State of Pennsylvania Certificate of Radiology York Vocational Technical School Dental Assistant Technical School PATRICIA J. POHL 21896 Red River Drive, Lake Forest, CA 92630 n 310.877.7045 WORK HISTORY 2010 to present All City Management Services, Inc. 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, California 90670 Vice President of Operations: Full responsibility for the planning, direction and coordination of all field - based leadership personnel nationwide (250+). Accountable for development and implementation of cost- effective procedures to meet current and future company needs. Responsible for all aspects of operations to ensure successful compliance with policies and procedure resulting in achieving optimum safety standards. 1998 to 2010 All City Management Services, Inc. 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 all Crossing Guards. 1994 to 1998 All City 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 history of repeated promotion to positions of leadership and management based on work ethic and commitment to the success of employer. PROFESSIONAL ASSOCIATIONS 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 Certification, currently status; active Understanding of Need Approach and Management Plan ACMS will continue to provide the agreed to level of service upon contract award and our approach is simply a continuation of our current processes. This includes scheduling, daily site inspections, guard sourcing, hiring and training (when needed) and overall program management and administrative support. We employ 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 Regional Support Manager work together (with input from City of Santa Ana) to establish specific program objectives and expectations. These Senior Managers then work directly with your Regional/Project Manager and Area Supervisors to implement the management plan. The Project Manager along with your local Area Supervisors; has responsibility for the direct management of the Crossing Guards and together they will continue to ensure City of Santa Ana 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 attitudes 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 local Area Supervisors and Project Manager. In addition to verbal training and counseling, these managers are supported by the use Field Training Check Lists, Field Training Cards, Site Performance Evaluations, Independent Field Observations and a professionally produced Crossing Guard Safety DVD. Reports of satisfactory completion of all levels of training and ongoing safety reviews will be summarized and available to the City of Santa Ana representative. Background checks and fingerprinting will be completed on all potential employees as allowed by California state law. Successful completion of the background check, drug and alcohol screening, employment reference check and Social Security verification via E-Verify is required prior to the employee being hired. ACMS understands eligible employees should have no current or prior felony convictions. ACMS will comply within the Equal Employment Opportunity Commission guidelines when making hiring decision based on criminal records. After hiring 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 Santa Ana 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 California Penal Code or which requires registration under California Penal Code • Conduct which requires registration under California Health and Safety Code. • Any offense involving the use of force or violence upon another person. • Any offense involving theft, fraud, dishonesty, or deceit. • Any offense involving the manufacture, sales, possession or use of a controlled substance • Conspiracy or attempt to comment any of the aforementioned offenses. • Any registered sex offender or narcotics offender. Summary reports of background clearance on employees within the City of Santa Ana Crossing Guard program will be regularly available to the City. ACMS will investigate all public complaints concerning crossing guard services. All incidents shall be reported to City within two (2) hours to advise the nature of complaint. ACMS shall furnish 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 Area Supervisors. 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 of the 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 afternoon) and optimize the protected periods. Additionally, locations are continually monitored for actual pedestrian traffic patterns 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. Recruitment and Staffing ACMS Managers will continue to assess the staffing needs of the City of Santa Ana 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 recruitment of new Crossing Guards. As a part of our Staffing 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 is 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. ♦ Supervisors must maintain an adequate alternate or substitute guard roster. We encourage at least a 5 to 1 ratio of sites versus alternate guards ♦ We require any guard not reporting for duty to notify the Area Supervisor as early as possible utilizing our 24/7 Guard Hotline or directly notifying their Area Supervisor. Notifications less than 1 hour prior to shift starts are considered unexcused absences. ♦ Our employee policy is "No call, No show, No Job" Throughout our training we emphasize the importance of insuring the safety of children by our presence. As such, we cannot allow the children's safety to be compromised by failing to call or show for duty. Supervisor Teams — The City of Santa Ana would benefit from our presence in nearby cities such as: Costa Mesa, Newport Beach, Huntington Beach, Cypress, Laguna Niguel, Los Alamitos, Yorba Linda, Placentia, Fullerton, Stanton, and Orange County Sheriff's. 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. Training Effective initial and ongoing training is essential in a profession dedicated to the safety of children. With over 34 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 outlines job expectations and our zero -tolerance policy for failure to report for a scheduled 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 Handbook for 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 employee's 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 addresses the needs of the visual, auditory and kinesthetic learner. While the classroom setting is expected to require approximately two - three hours and the field training approximately two - four hours, it's important to note 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 of 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 employees 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. Prior to the start of every school year guards are re -contacted for assignment readiness and take part in a review/refresher training before the start of the school year. The standard issue equipment and clothing includes: • ANSI II compliant high -visibility retro-reflective vest marked with the required insignia of a Crossing Guard • MUTCD compliant 18" STOP/STOP paddle Picture Identification Card with emergency contact information • Company -issued cap or visor with corporate logo • Whistle for emergency alert to vehicles and pedestrians • High -visibility ANSI II compliant jacket and/or rain jacket. Relevant Project Experience Qualifications & Experience Our ability to continue to operate and manage the City of Santa Crossing Guard program is supported by our current success operating the Santa Ana program and with similar programs in Southern California. Some of these programs include: City of Costa Mesa, City of Garden Grove, City of Lake Forest, City of Cypress, Orange County Sheriff's, City of Yorba Linda, City of Fontana, City of Buena Park, City of Tustin, City of La Palma, City of Fullerton and many others. Our many other clients include; Beverly Hills Unified School District, CA; Pasadena, CA; Los Angeles County Office of Education, CA; Huntington Beach, CA; Riverside, CA; San Bernardino, CA; Redwood City, CA; County of Marin, CA; Palo Alto, CA; among 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; "School Children Safety" 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 of service provided. Regional Manager/Project Manager: Michele Busch Michele has been providing supervision and support for ACMS Crossing Guards Programs since 2009 and through this time she has managed over 32 programs with over 250+ locations and 16 different Area Supervisors. Her strong communication and leadership skills have contributed to ACMS being able to provide model crossing guard programs for the cities, agencies and school districts we service. Michele has been a certified School Crossing Guard trainer since 2009 and has managed many successful programs comparable to the City of Santa Ana Crossing Guard program. Please see a listing of some of the programs she has managed that are similar in size and proximity to your program. Matthew Barr; Lieutenant 30111 Crown Valley Blvd. Laguna Niguel, CA 92677 Phone: 949 362 4310 David Dereszyniski; Sergeant 2000 Main Street Huntington Beach, CA 92648 Phone: 714 374 1534 Julie Kennicutt; Management Analyst 401 E. Chapman Ave. Placentia, CA 92870 Phone: 714 993 8200 City of Laguna Niguel: - 1 Area Supervisor - 17 School Crossing Guards - 6 Alternate/Relief School Crossing Guards - June 30, 1994 - Current City of Huntington Beach: - 1 Area Supervisor - 30 School Crossing Guards - 15 Alternate/Relief School Crossing Guards - July 1, 2010 - Current City of Placentia: - 1 Area Supervisor - 5 School Crossing Guards - 1 Alternate/Relief School Crossing Guards - July 1, 1997 — Current Spencer Arnold; Sergeant 870 Santa Barbara Drive Newport Beach, CA 92660 Phone: 949 644 3744 Maria O'Connell; Captain 3201 Katella Ave. Los Alamitos, CA 90720 Phone: 562 431 2255, Ext. 405 City of Newport Beach: - 1 Area Supervisor - 20 School Crossing Guards - 6 Alternate/Relief School Crossing Guards - July 7, 2007 - Current City of Los Alamitos: - 1 Area Supervisor - 7 School Crossing Guards - 3 Alternate/Relief School Crossing Guards - July 1, 2016 - Current Objective: Every program we manage has the same objective and that is to provide a model School Crossing Guard program. This is done by educating students on proper crossing techniques; such as following local traffic regulations and using traffic control devices to ensure safe routes to school for all students and parents in the community. We have accomplished this through our dedication to on -going training, ensuring adequate staffing levels are in place, professional staffing and the years of experience provided by our management team. Challenges: Each program we manage comes with its own set of challenges, which can vary from but not limited to; transitioning from city, agency or district management to private management, becoming familiar with ACMS policies and procedures, coordinating schedule changes from various schools, accommodating guard days off due to medical needs, etc. It is through our detailed training, experience in Crossing Guard Program management and continued employee training that has allowed us to overcome these challenges. Accomplishments: ACMS has been successful in our ability to learn from each set of challenges, issues programs face and articulate those changes and experiences into our training policies and procedures. This ongoing training has allowed us to continue to improve and grow as a company and services provider. Please see an attached listing of some of the recognition ACMS has received over the years. Please see additional references attached. References References for Crossing Guard Services (All listed references are current clients) City of Garden Grove PD (Since 1/2009) Client Contact: Kevin Brody, Captain Address: 11222 Acacia Parkway Garden Grove CA 92840 Phone: 714 741 5819 City of Lake Forrest (Since 6/2003) Client Contact: Brett Channing, Director Address: 25550 Commerce Ctr Dr Ste 100 Lake Forest CA 92630 Phone: 949 461 3419 City of Stanton (Since 9/1990) Client Contact: Allan Rigg; Director Address: 7800 Katella Ave. Stanton, CA 90680 Phone: 714 890 4205 Orange County Sheriffs (Since 11/2018) Client Contact: Olivia Prudencio, Admin. Address: 320 N. Flower St. Santa Ana, CA 92703 Phone: 714 834 6687 City of Yorba Linda (Since 8/2009) Client Contact: Tony Wang, Manager Address: P.O. Box 87014 Yorba Linda CA 92885 Phone: 714 961 7184 City of Costa Mesa (Since 9/2006) Client Contact: David Cho, Admin. Address: P.O. Box 1200 Costa Mesa CA 92626 Phone: 714 754 5182 City of Cypress (Since 4/1997) Client Contact: Brain Heally, Sergeant Address: 5275 Orange Avenue Cypress CA 90630 Phone: 714 229 6600 City of Fontana (Since 8/2008) Client Contact: Bob Ramsey, Administrator Address: 9680 Citrus Avenue #9 Fontana CA 92335 Phone: 909 357 5000 City of Buena Park PD (Since 12/2010) Client Contact: Nghia Nguyen, Sergeant Address: 6640 Beach Blvd. Buena Park CA 90621 Phone: 714 562 3943 City of Tustin (Since 8/2009) Client Contact: Ryan Coe, Sergeant Address: 300 Centennial Way Tustin CA 92780 Phone: 714 573 3219 City of La Palma PD (Since 12/1998) Client Contact: Jim Engen, Captain Address: 7792 Walker Street La Palma CA 90623 Phone: 714 690 3381 City of Fullerton PD (Since 7/2000) Client Contact: Mike Chlebowski, Comdr, Address: 237 Commonwealth Avenue Fullerton CA 92832 Phone: 714 738 6816 10440 Pioneer Blvd., Suite * Santa Fe Springs * CA * 90670 * PHONE (310) 202 -8284 * FAX (310) 202 -8325 Scope of Services ACMS General Scope of Services All City Management Services, Inc. will handle the Crossing Guard services for the City of Santa Ana for a minimum term of one year with an option to extend the contract for an additional four -one year terms. 2. ACMS will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. ACMS is an independent Consultant and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City of Santa Ana. 3. Crossing Guard Services shall be provided by ACMS at designated locations and times, identified by the City of Santa Ana and ACMS shall provide coverage at the school crossings as required. New locations may be added at the City's request and ACMS will increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 4. ACMS Criminal background checks will be completed on all potential employees as allowed by California state law. Successful completion of the fingerprint background check, drug/alcohol screening, employment reference check and Social Security verification via E-Verify is required prior to the employee being hired. ACMS understands eligible employees should have no current or prior felony convictions. ACMS will comply within the Equal Employment Opportunity Commission guidelines when making hiring decision based on criminal records. 5. ACMS mandates that all employees report any criminal charges brought against them immediately. ACMS shall then notify City of Santa Ana. 6. ACMS designated Trainer will conduct training for Crossing Guards. ACMS shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties ACMS and employees of the ACMS shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws and codes pertaining to general pedestrian safety and school crossing areas for states in which services are to be performed. 7. All Crossing Guards shall receive training pertaining to general traffic safety for pedestrians, motorist and themselves while serving as crossing guards. 8. ACMS employees shall work to the highest professional standards and act in a courteous, respectable manner and shall conduct themselves in a manner that is befitting a public servant. They shall present a professional appearance, that is neat, clean, well-groomed and be properly uniformed. 9. ACMS shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. The apparel must be appropriate for weather conditions. 10. ACMS shall be responsible to coordinate with Schools to ensure coverage is being provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than standard scheduled hours. 11. ACMS shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this agreement. 12. ACMS shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. ACMS shall provide for its employees a 24-hour answering service and shall establish its own call -out procedures. 13. ACMS will investigate all public complaints concerning Crossing Guard services. All incidents shall be reported to Municipality or School District within two (2) hours to advise of the nature of complaint. ACMS shall furnish a written report within five (5) business days after the date of the incident, which includes the course of resolution to said complaint. 14. Any employee whose conduct is not satisfactory, as determined by the City of Sana Ana, shall be removed from providing crossing guard services in the City of Santa Ana. 15. ACMS will conduct all administrative duties associated with the City of Santa Ana Crossing Guard program. Implementation Schedule City of Santa Ana School Crossing Guard Program (Estimated) Implementation Schedule / Major Milestones Contractor Notification (unofficial) February 23, 2021 City Council Approval Mar. 2nd Contract and Insurance complete (Final Terms agreed to) Mar. 23`d City of Santa Ana Kick -Off Meeting (Santa Ana Staff, ACMS Team) May 24' ACMS Training Review Meeting(s) with current crossing guards, substitutes (Assignments / schedules confirmed equipment delivered to guards) Jul. 6th — 91h School designees re -contacted and Monthly Status Meetings agreed to Jul. 19th — Aug. 6th Additional Training/Equipment needs delivered Jul. 26th — 301h Guards re -contacted for assignment readiness Aug. 2nd — 6th Guards on site / Area Supervisor in field for Santa Ana Unified School District Aug. 10th Guards on site / Area Supervisors in field for Orange Unified School District Aug. 18th Guards on site, Area Supervisors in field for Garden Grove Unified School District Aug. 24th 60 Day Review City of Santa Ana / ACMS Team (next Review Meeting scheduled) Oct. 11th Fee Proposal Appendix ATTACHMENT 2 FEE PROPOSAL FORM COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM HOURLY STAFF SALARY Crossing Guard Salary (Hourly) $14.00; $15.00 effective 111@2 Crossing Guard Supervisor Salary (Hourly) $17.00; $18.00 effective 111122 COST SUMMARY [Annual] Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) $s87,967,00 Supervisor Salary (Hourly Rate x estimated annual hours) $35,987.00 Payroll Tax $84,711.00 Workers Compensation $84,708.00 Liability Insurance $191867.00 Administrative Overhead $106,944.00 Profit $ 41,589.00 TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $1.061173.00 Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 hours Total Annual Cost or Adult Crossing Guard Program Total Crossing Guard Billing $1.061.773.00 47,500 hours $22.45 I H r Non-Fa1 Funding (0,1.2020) Page I of 2 Appendix ATTAC[iMENT 2 FEE PROPOSAL FORM ***Optional pricing includes additional S5M in liability insurance*** COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM YEAR 1 (2021/2022) HOURLY STAFF SALARY Crossing Guard Salary (Hourly) $14.00; $15.00 effective 1/1/22 Crossing Guard Supervisor Salary (Hourly) $17.00; $18.00 effective I11/22 COST SUNIMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) $687,967.00 Supervisor Salary (Hourly Rate x estimated annual hours) $ 35,987.00 Payroll Tax $84,711.00 Workers Compensation $84,708.00 Liability Insurance $128,b45.00 Administrative Overhead $106,944.00 Prolit $ 41,589.0 TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM SI,170,551.00* Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 hours Total Annual Cost of Adult Crossing Guard Program *Please note our proposed pricing Includes a cost of 582,600.00 for additional liability insurance coverage, should ACMS be able so secure additional liability insurance at a lower cost, ACMS will share the savings with the City of Santa Ana. Total Crossing Guard Billing S 1,170,551.00* 47,500 hours $ 24•64 / Hr Page 1 of 2 Non- FLd Funding (6.1.2020) City of Santa Ana Program Pricing *Please note our proposed pricing includes a cost of $82,600.00 for additional liability insurance coverage. Should ACMS be able to secure additional liability insurance coverage at a lower cost, ACMS will share the savings with the City. Year 1 (2021/2022) • Billing Rate: $24.64 • Program Hours: 47,500 • Not to Exceed Price: $1,170,551.00* • Guard Wages: $14.00; $15.00 effective l/l/22 • Supervisor Wages: $17.00; $18.00 effective l/1/22 Year 2 2022/2023 • Billing Rate: $24.99 • Program Hours: 47,500 • Not to Exceed Price: $1,187,025.00* • Guard Wages: $15.00 • Supervisor Wages: $18.00 Year 3 and 4 Q023/2024 and 2024/2025) • Billing Rate: $26.89 • Program Hours: 47,500 • Not to Exceed Price: $1,277,275.00* • Guard Wages: $16.00 • Supervisor Wages: $19.00 *It is our intent to increase wages by $1.00 for the start of the 2023/2024 school year and if we do not increase wages, we will adjust pricing accordingly. Year 5 2025/2026 ■ Billing Rate: $28.07 ■ Program Hours: 47,500 • Not to Exceed Price: $1,333,325.00* • Guard Wages: $16.50 • Supervisor Wages: $19.50 *It is our intent to increase wages by .50 cents for the start of the 2023/2024 school year and if we do not increase wages, we will adjust pricing accordingly. Forms / Addenda COST PROPOSAL FORM GENERAL INFORMATION 1. Name of Organization: AN City Management Services, Inc. 2. Organization is: (Check One) Corporation X Association Partnership Sole Proprietor 3.Organization Address and Telephone Number: 10440 Pioneer Blvd., Suile 5, Santa Fe Spring, CA 90670 4. List the Name, Title and Telephone Number(s) of the Organization's Authorized Representatives: Baron Farwell, President 310 877 7338 Demetra Farwell, Corporate Secretary, _ 800 540 9290 Fact. 102 These individuals are authorized to sign contracts on behalf of All City Management Services. Inc. Page 2 of 2 NowFed Funding (6.1IWO) Appendix ATTACHMENT 4-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature port' thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautione hat making a F certification may subject the certifier to criminal prosecution. State of California County of 1-6's At�619- 5 Subscribed and sworn to (or affirmed) before me on this d3 day of-ltqV • 20 a/, by /WCi%tJ 71/" ✓` , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. CXTE/Il DED RIR.S0�9NT 0 EXEClJ77 u ORDtrK AI- (,3- ZO (�L 4ffdl-�,� Notary Public Signature LOUI5 R. MARTIIII COMM. #2161376 z a ia* Notary Public . California o * Orange County Comm. E fires u 29, 2020 Notary Public Seal City of Santa Ana RFP 20-149 Page A4-1 Appendix ATTACHMENT 4-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: l . No federal appropriated funds have been paid or will be. paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congrms, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grunt, the making of any !federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2, if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352. Title 31, U. S. Code, Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not mare than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firth All City Management Servictfs, Inc. Signed and Printed Tide Cirectorof Date % Harlan Sims City of Santa Ana RFP 20-149 Page A4-2 - - - — - - - -—APPendix - - - -- ATTAC11MENT 4-3: NON-DISCRIMINATION CER'I'IFICATiON CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading„ demotion, or transfer; recruitment or recruitment advertising; layoff or tenninaition; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous plaices, available to employees and applicants for employmient, notices to be. provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 1 The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor rtnion or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Consultant shall comply with all provisions of Executive Order 1124+6 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, .and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. in the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in .Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 20-149 Page A4-3 by rules., regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24,. 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance, provided. however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering; agency, the Consultant may request that the United States enter into such litigation to protect the interests ofthe United. `Mates. g. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Mats. 1939, and as amended, No discrimination shall be made in (he employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to allffie penalties imposed for a violation of the Chapter, Sighed:' Title: Director of Marketing Firm; All City Management Services, Inc,. Date: City of Santa Ana RFP 20-149 Page A4-4 MAYOR Vicente Sarmiento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thal Vlet Phan December 22, 2020 ADDENDUM ONE CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza ■ P.O, Box 1988 Santa Ana, California 92702 www,sanla-ana,oro (7141647-5619 SUBJECT: RFP NO. 20-149: CROSSING GUARD SERVICES The following changes/clarifications have been made to the above Request for Proposal: 1. Add new section to the RFP: Price Adjustments: The parties may annually agree to an adjustment of charges (not to exceed 2%) commencing at the end of the first year of the agreement, utilizing the month of December statistics and supporting documentation. The two indices which will be used for determining adjustments to services charges shall be the most recent December Consumer Price Index (CPI) for All Urban Consumers for Los Angeles -Anaheim- Riverside CMSA, published by the United States Department of Labor Bureau of Labor Statistics or any relevant successor for the Orange County area (and the December Produce Price Index (PPI), The adjustment formula shall be as follows: The CPI shall be weighted at ninety [90] percent and PPI shall be weighted at ten [10] percent.) All other All and c ions of the RFP remain unchanged. Edwin "William" Galvez City Engineer SANTA ANA CITY COUNCIL Vlcenle Sarmlento David Penalozo Thal Viet Phan Jeaele Lopez Phil Bacerra Johnelhan Ryan Hernandez Nelldo Mendoza Mayor Mayor Pro Tom, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 5 rrn n ^an -E&V anta•ona.oro I>z K 1 3Pta1.aPa 0rfl 1 • t • t - rw orQbn�nrto�.ap^J Len 4m kta� n�nsle.t�kflanw>au¢.QW owdnftdwmilr- m MAYOR Vicente Sannlento MAYOR PRO TEM David Penaloza COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thal Viet Phan CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 vwvw.sarlta-ana.or (7141647.5619 January 19, 2021 ADDENDUM TWO SUBJECT: RFP NO. 20-149: CROSSING GUARD SERVICES CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The following changes/clarifications have been made to the above Request for Proposal: Replace Page 2 Notice Inviting Proposals with the attached Page 2 Notice Inviting Proposals. The Proposals are now due January 28, 2021. All other terms ang-fanditions of the RFP remain unchanged. J Edwin "William" Ga City Engineer SANTA ANA CITY COUNCIL Vicente Sarmianlo David Penaloze Thai Viet Phan Jessie Lopez Phil Bacerra Johnalhan Ryan Hernandez Nelida Mendoza Mayor Mayor Pro Tam, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward G Imienlo a nw• na. r +i Io 715w1 W.ana,Mp Ir7hHnE�Sanla•1M,giq j ryYglgppx Sanla•iuia.oro it R@dLlLI1�"�11,QS1 Ih'l�I�ania-ann.oru m nn.or NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than JANUARY 28, 2021 at 5:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following "SEALED PROPOSAL FOR CROSSING GUARD SERVICES RFP NO.20-149 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: ZDENEK "ZED" KEKULA Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For further instructions regarding hard copy submission of proposals, refer to PlanetBids and Section I - Introduction/Program Description in this RFR All notifications, requests for information, updates and addenda will be posted online on PlanetBids at littps://www.planetbids.com/portal/poi-tal-efii?_Cotnpauiy[D�2O137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City of Santa Ana RFP 20-149 Page 2 Over thirty years of experience in providing communities with PROFESSIONAL SCHOOL CROSSING GUARD SERVICES �`�r `1 r r 1 l��l���i�� } �1i���i 1�r�y i �` ■ `�, EXHIBIT C Appendix ATTACHMENT 2 FEE PROPOSAL FORM ***Optional pricing includes additional S5M in liability insurance*** COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM YEAR 1 (2021/2022) HOURLY STAFF SALARY Crossing Guard Salary (Hourly) Crossing Guard Supervisor Salary (Hourly) COST SUNIMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 47,500 hours) Supervisor Salary (Hourly Rate x estimated annual hours) Payroll Tax Workers Compensation Liability Insurance Administrative Overhead Prolit TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $14.00; $15.00 effective 1/1/22 $17.00; $18.00 effective 111/22 $ 687,967.00 $ 35,987.00 $ 84, 711.00 S84,708.00 $128,645.00 S 106,944.00 S 41,589.0 1,170,551.00* Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 47,500 hours Total Annual Cost of Adult Crossing Guard Program *Please note our proposed pricing Includes a cost of 582,600.00 for additional liability insurance coverage, should ACMS be able so secure additional liability insurance at a lower cost, ACMS will share the savings with the City of Santa Ana. Total Crossing Guard Billing S 1,170,551.00* 47,500 hours $ 24•64 / Hr Page 1 of 2 Non- FLd Funding (6.1.2020) City of Santa Ana Program Pricing *Please note our proposed pricing includes a cost of $82,600.00 for additional liability insurance coverage. Should ACMS be able to secure additional liability insurance coverage at a lower cost, ACMS will share the savings with the City. Year 1 (2021/2022) • Billing Rate: $24.64 • Program Hours: 47,500 • Not to Exceed Price: $1,170,551.00* • Guard Wages: $14.00; $15.00 effective l/l/22 • Supervisor Wages: $17.00; $18.00 effective l/1/22 Year 2 2022/2023 • Billing Rate: $24.99 • Program Hours: 47,500 • Not to Exceed Price: $1,187,025.00* • Guard Wages: $15.00 • Supervisor Wages: $18.00 Year 3 and 4 Q023/2024 and 2024/2025) • Billing Rate: $26.89 • Program Hours: 47,500 • Not to Exceed Price: $1,277,275.00* • Guard Wages: $16.00 • Supervisor Wages: $19.00 *It is our intent to increase wages by $1.00 for the start of the 2023/2024 school year and if we do not increase wages, we will adjust pricing accordingly. Year 5 2025/2026 ■ Billing Rate: $28.07 ■ Program Hours: 47,500 • Not to Exceed Price: $1,333,325.00* • Guard Wages: $16.50 • Supervisor Wages: $19.50 *It is our intent to increase wages by .50 cents for the start of the 2023/2024 school year and if we do not increase wages, we will adjust pricing accordingly.