HomeMy WebLinkAbout16 - Agreement for Crossing Guard ServicesQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
August 23, 2022
Agenda Item No. 16
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Jonathan Stafford, Deputy Director, jtafford@nbpd.org
PHONE: 949-644-3650
TITLE: Agreement with All -City Management Services, Inc. for Crossing
Guard Services
ABSTRACT:
The Police Department requests City Council approval of a five-year agreement
(Agreement) for crossing guard services at 22 specified sites throughout the City of
Newport Beach (City) and a budget amendment for additional ongoing funding for the
agreement. The recommended vendor, All -City Management Services, Inc., was selected
through a detailed Request for Proposals (RFP) process and has a long history of
excellent service providing crossing guards to the City. The cost for the five-year
agreement is $1,849,566, which includes rate increases in the third and fifth years of the
agreement and a three percent contingency to cover unanticipated schedule or
deployment changes.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve a Services Agreement with All -City Management Services, Inc. of Santa Fe
Springs, California for crossing guard services in an amount not to exceed
$1,859,566.00, and authorize the Mayor and City Clerk to execute the Agreement;
and
c) Approve Budget Amendment No. 23-011 appropriating $61,212 in increased
expenditures in Account No. 01035354-811008 from the unappropriated General
Fund balance.
DISCUSSION:
The City provides 22 contracted crossing guards adjacent to 10 school sites throughout
the City. These crossing guards are provided during the school year at the City's expense
and assigned to locations previously reviewed and recommended by the City's traffic
engineer. The vendor selected to provide these services is selected every five years
through a public RFP process that includes technical and cost evaluations.
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Agreement with All -City Management Services, Inc. for Crossing Guard Services
August 23, 2022
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RFP Process:
Finance Department staff coordinated an RFP process during June, July and August of
2022, soliciting proposals from crossing guard service providers. The RFP detailed the
vendor qualifications and experience needed by the City for crossing guard services at
various school locations. Also included in the RFP was information on the proposal
evaluation process and cost factor evaluation process whereby the most qualified vendor
would receive the highest score. Technical factors would comprise 80 percent of the
evaluation score and cost factors would comprise 20 percent of the score. Technical
factors encompass areas such as qualifications, quality of references, experience,
comparable contracts with other cities, quality of the submitted proposal, demonstrated
subject matter expertise and quality of the proposers' hiring, training, and scheduling
processes. The cost ratio score is calculated using the proposed crossing guard hourly
rate to be paid by the City for the first year of the services agreement.
The City received two responses: All -City Management Services, Inc. (ACMS) and
Everything Parking, Inc. (EP). An evaluation panel was assembled, consisting of staff
from the Police Department's Support Services, Patrol, and Traffic Divisions. Evaluators
included a deputy director, a police lieutenant, and the parking control supervisor who
oversees crossing guard field operations. Using a 100-point scale, the evaluation panel
assessed the technical factors of each proposal and awarded a maximum of 80 points.
For each proposal, the average score of the raters was calculated and assigned as the
Technical Score.
Concurrently, Finance Department staff evaluated each cost proposal and awarded a
maximum of 20 points. ACMS offered the lowest hourly rate, which translated to the
lowest annual and agreement term cost and was awarded the full 20 points. EP's cost
ratio score was assigned a number of points directly proportional to the amount by which
its proposed cost was higher than that of ACMS.
Table A below details the scores assigned at each step of the evaluation process and the
final scores and ranking:
Table A — Proposal and Cost Evaluation Scores
All -City Management Services
Everything Parking
TECHNICAL SCORE
72.67
62.67
(80 POSSIBLE POINTS
COST RATIO SCORE
20.00
12.20
(20 POSSIBLE POINTS
TOTAL SCORE
92.67
74.87
(100 POSSIBLE POINTS
OVERALL RANK
1
2
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Agreement with All -City Management Services, Inc. for Crossing Guard Services
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Background of Proposers
ACMS was founded in 1985 and currently employs crossing guards servicing cities,
counties and school districts nationwide. Some of the local agencies currently serviced
by ACMS include: the Orange County Sheriff's Department and the Cities of Santa Ana,
Costa Mesa, Huntington Beach, Tustin, La Palma, Cypress, Yorba Linda, Buena Park,
Lake Forest, Garden Grove, Aliso Viejo and Fullerton. ACMS's current Orange County
crossing guard contracts total 243,209 hours per year, including 11,880 hours for the City
of Newport Beach
In its proposal, EP demonstrates experience as a parking services company that also
handles crossing guard services. EP has provided crossing guard services since 2010
and currently has 190 employees in its Cross Safe program that provides crossing guards
and traffic control services. Local government agency clients served by EP include: Elk
Grove Unified School District (California), City of Columbia (South Carolina), and
Kingsport City Schools (Tennessee).
lanation of Technical Score
ACMS was rated higher in technical factors by the evaluation panel due to having more
California public agency client experience, current contracts in Orange County, and
overall experience in providing crossing guard services. ACMS's focus specifically in
crossing guard services allows the company to train its employees in one specialized
trade and to keep current with safety practices. In addition, ACMS has provided crossing
guard services to the City of Newport Beach since 1998, so its management and staff
possess familiarity with the community's schools and crossing guard sites and the City's
expectations.
EP provides mostly parking -related services and is located in Charlotte, North Carolina.
EP provided information on only one California client, Elk Grove Unified School District.
This lack of demonstrated experience is less desirable and having no current presence
in Orange County would cause unreasonable delays in establishing the staffing and
operations needed to provide crossing guard services to the City.
Explanation of Cost Ratio Score
Table B below outlines the proposed hourly rates from ACMS and EP, corresponding
Cost Ratio Score, and aggregate costs for the first year of the crossing guard services
agreement. First year costs assume 11,880 hours per year, consistent with current
crossing guard staffing at 22 locations.
Table B — Cost Evaluation
All -City Management Services
Everything Parking
HOURLY RATE
$28.65
$46.00
COST RATIO SCORE
20.00
12.20
FIRST YEAR COSTS
$340,362
$546,480
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Agreement with All -City Management Services, Inc. for Crossing Guard Services
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Evaluation Panel Recommendation
ACMS is the most qualified of the two vendors who submitted proposals. Although EP is
qualified to perform the requested services, the evaluation panel felt the combination of
overall experience, successful operations in Orange County, qualifications, and project
history with the City of Newport Beach make ACMS the highest qualified proposer to be
considered for award of the agreement. In addition, the cost difference between the two
proposers was significant, with EP proposing hourly rates 61 % higher than ACMS.
FISCAL IMPACT:
The Budget Amendment appropriates $61,212 in increased expenditure appropriations
from the General Fund unappropriated fund balance. The Budget Amendment will provide
additional funding needed in the current fiscal year. Funding increases to address higher
rates specified in the third and fifth years of the Agreement will be addressed during the
annual budgeting process.
Table C below displays the hourly rates, hours, aggregate costs for each year of the
agreement and annual increase, but does not include the three percent contingency
recommended to address unanticipated costs:
Table C — Crossing Guard Services Agreement Costs
YEAR 1
YEAR 2
YEAR 3
YEAR 4
YEAR 5
HOURLY RATE
$28.65
$28.65
$30.31
$30.31
$34.05
HOURS/YEAR
11,880
11,880
11,880
11,880
11,880
FY TOTAL
$340,362
$340,362
$360,083
$360,083
$404,514
$ INCREASE
$61,212
--
$19,721
--
$44,431
The increased costs for this agreement reflect higher vendor costs caused by significant
changes in the labor market, additional recruiting/hiring costs, and increased overhead
and administrative costs. The long-term effects of the COVID-19 pandemic have reduced
the traditional crossing guard workforce of retirees, requiring recruitment/retention of
younger employees who have many options in the labor market. Higher gasoline prices
are also a factor in the hourly rate offered to employees because they must drive to their
worksites two or three times per day.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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Agreement with All -City Management Services, Inc. for Crossing Guard Services
August 23, 2022
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NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Services Agreement with All -City Management Services, Inc.
Attachment B —Budget Amendment No. 23-011
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ATTACHMENT A
SERVICE AGREEMENT
WITH ALL -CITY MANAGEMENT SERVICES, INC. FOR
CROSSING GUARD SERVICES
THIS SERVICE AGREEMENT ("Agreement") is made and entered into as of this
12th day of September, 2022 ("Effective Date"), by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and ALL -CITY
MANAGEMENT SERVICES, INC., a California corporation ("Contractor"), whose address
is 10440 Pioneer Blvd Ste #5, Santa Fe Springs, CA 90670, and is made with reference
to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to cant' on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to provide Crossing Guard Services ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
D. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render services under the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on August 23, 2027, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
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the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein not later than ten (10) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by hand -delivery
or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Contractor's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subcontractor fees, shall not exceed One Million Eight Hundred
Fifty Nine Thousand Five Hundred Sixty Six Dollars and 00/100 ($1,859,566.00),
without prior written authorization from City. No billing rate changes shall be made during
the term of this Agreement without the prior written approval of City.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person
who performed the Work, a brief description of the Services performed and/or the specific
task in the Scope of Services to which it relates, the date the Services were performed,
the number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar
days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement or specifically approved in writing in advance by
City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
All -City Management Services, Inc. Page 2
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Compensation for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated David Mecusker to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
5.3 If Contractor is performing inspection services for City, the Project Manager
and any other assigned staff shall be equipped with a cellular phone to communicate with
City staff. The Project Manager's cellular phone number shall be provided to City.
6. ADMINISTRATION
This Agreement will be administered by the Police Department. City's Traffic
Lieutenant or designee shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8.1 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and technical
personnel required to perform the Services required by this Agreement, and that it will
perform all Services in a manner commensurate with community standards and with the
ordinary degree of skill and care that would be used by other reasonably competent
practitioners of the same discipline under similar circumstances. All Services shall be
performed by qualified and experienced personnel who are not employed by City. By
delivery of completed Work, Contractor certifies that the Work conforms to the
requirements of this Agreement, all applicable federal, state and local laws, and legally
recognized standards.
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8.2 Contractor represents and warrants to City that it has, shall obtain, and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.3 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to fumish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent, reckless, and/or willful acts, errors and/or omissions
of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable, or any or all of them).
9.2 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
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shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or co -tenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
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16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
17.1 Each and every report, draft, map, record, plan, document and other writing
produced, including but not limited to, websites, blogs, social media accounts and
applications (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Additionally, all material posted in cyberspace by Contractor, its officers,
employees, agents and subcontractors, in the course of implementing this Agreement,
shall become the exclusive property of City, and City shall have the sole right to use such
materials in its discretion without further compensation to Contractor or any other party.
Contractor shall, at Contractor's expense, provide such Documents, including all logins
and password information to City upon prior written request.
17.2 Documents, including drawings and specifications, prepared by Contractor
pursuant to this Agreement are not intended or represented to be suitable for reuse by
City or others on any other project. Any use of completed Documents for other projects
and any use of incomplete Documents without specific written authorization from
Contractor will be at City's sole risk and without liability to Contractor. Further, any and
all liability arising out of changes made to Contractor's deliverables under this Agreement
by City or persons other than Contractor is waived against Contractor, and City assumes
full responsibility for such changes unless City has given Contractor prior notice and has
received from Contractor written consent for such changes.
17.3 All written documents shall be transmitted to City in formats compatible with
Microsoft Office and/or viewable with Adobe Acrobat.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
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19. INTELLECTUAL PROPERTY INDEMNITY
Contractor shall defend and indemnify City, its agents, officers, representatives
and employees against any and all liability, including costs, for infringement or alleged
infringement of any United States' letters patent, trademark, or copyright, including costs,
contained in Contractor's Documents provided under this Agreement.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services 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 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 City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
21. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or designee with respect to such disputed sums.
Contractor shall be entitled to receive interest on any withheld sums at the rate of return
that City earned on its investments during the time period, from the date of withholding of
any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or inexperience
of Contractor which result in expense to City greater than what would have resulted if
there were not errors or omissions in the Work accomplished by Contractor, the additional
design, construction and/or restoration expense shall be borne by Contractor. Nothing in
this Section is intended to limit City's rights under the law or any other sections of this
Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractor in connection with the Project.
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24. CONFLICTS OF INTEREST
24.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Chief of Police
City of Newport Beach Police Department
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Baron Farwell
All -City Management Services, Inc.
10440 Pioneer Blvd Suite 5
Santa Fe Springs, CA 90670
26. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
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Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Govemment Code
sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
28.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
28.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
All -City Management Services, Inc. Page 9
16-14
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
28.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
28.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
28.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
28.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
All -City Management Services, Inc. Page 10
16-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: '9/ u/zz
By:
ran C. Harp o City Attorney
ATTEST:
Date:
An-
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Kevin Muldoon
Mayor
CONTRACTOR
Services, Inc., a
Date:
Bv:
All -City Management
California corporation
Leilani I. Brown Baron Farwell
City Clerk Chief Executive Officer
Date:
Bv:
Demetra Farwell
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
All -City Management Services, Inc.
Page 11
16-16
EXHIBIT A
SCOPE OF SERVICES
All -City Management Services, Inc. Page A-1 16-17
EXHIBIT A - SCOPE OF SERVICES
1. Contractor Responsibilities/Provisions
1.1 The Contractor shall render a full -service project to provide adult crossing guards for
the City. The Contractor shall administer and coordinate the project.
1.2 The Contractor shall recruit, select, and employ crossing guards and alternate crossing
guards as required to provide coverage at each crossing guard post on each day when
guards are required in accordance with the schedule provided by the City.
1.3 The Contractor is responsible for the application process and determining the suitability
and qualifications of the crossing guards hired. All crossing guards employed by the
Contractor to perform services under this contract shall meet the qualifications specified
in this scope of services.
1.4 The Contractor shall provide a project manager as required to ensure competent and
efficient management of the crossing guard project.
1.5 The Contractor shall hire field supervisors to make on -site visits at crossing guard sites.
One field supervisor shall be responsible for the supervision of no more than 25
crossing guards. The Contractor shall provide the name and contact information for the
field supervisor(s) to the City. The Contractor shall conduct on -site visits to crossing
guards' sites at least three (3) times per school year.
1.6 The Contractor shall provide each crossing guard with the following equipment:
1.6.1 Complete uniform with contractor's identifiable patch or badge;
1.6.2 Regulation -size, hand-held stop sign;
1.6.3 Brass or plastic whistle;
1.6.4 Traffic safety vest; and
1.6.5 High -visibility rain coat.
2 Duties of Crossing Guards
2.1 It shall be the duty of each crossing guard to:
2.1.1 Halt vehicles when necessary by mechanical and hand signal to permit
pedestrians to cross the road safely;
2.1.2 Maintain order among pedestrians assembled at street crossing points and
permit them to cross only when they can do so safely;
2.1.3 Report to the Newport Beach Police Department the license plate numbers
of motor vehicles who violate traffic laws or crossing guard instructions;
16-18
EXHIBIT A - SCOPE OF SERVICES
2.1.4 Make children aware of the elements of traffic safety and operation of
pedestrian controls;
2.1.5 Report to school authorities the names of children who do not follow safety
regulations; and
2.1.6 Wear a reflective traffic safety vest at all times when on duty.
3. Minimum Standards for Crossing Guards
3.1 The following shall be the minimum qualifications for all crossing guards assigned by
the Contractor to this project:
3.1.1 Be at least eighteen (18) years of age;
3.1.2 Be physically and mentally capable of performing the duties of a crossing
guard;
3.1.3 Have the ability to give and follow oral instructions;
3.1.4 Have the ability to establish and maintain effective working relationships
with children, parents, school officials and law enforcement officials;
3.1.5 Have the ability to remain calm and use judgment and initiative in an
emergency situation; and
3.1.6 Be of good moral character.
3.2 Contractor shall include the following procedures in the selection process for crossing
guards:
3.2.1 The Contractor shall contact the last two (2) or three (3) employers of the
crossing guard applicant. Personal references should also be checked if
the applicant has not been employed during the last five (5) years.
3.2.2 Employment and personal reference checks should be of such a nature as
to provide the Contractor with the information necessary to determine if the
applicant is capable of performing the duties of a crossing guard.
3.2.3 The Contractor shall provide for fingerprinting each applicant and shall
complete a fingerprint identification card which shall be forwarded within
five (5) working days to the California Department of Justice (DOJ).
3.2.4 The Contractor shall not employ any person as a crossing guard who has
been convicted of a drug offense, sex offense, violent felony, felony against
children, or is otherwise prohibited from working with children.
3.2.5 The Contractor shall maintain records of fingerprint identification during the
period of this contract and five (5) years thereafter. Such records shall be
available to the City for review upon request of the City.
16-19
EXHIBIT A - SCOPE OF SERVICES
3.3 The Contractor shall provide each crossing guard with appropriate training for the
position of crossing guard before assigning a guard to any post. The training program
shall include:
3.3.1 General indoctrination concerning rules and regulations of employment;
3.3.2 Instructions on the proper handling of required reports;
3.3.3 Crossing guard techniques appropriate to the guard post;
3.3.4 Telephone numbers, and addresses, of the schools served by the
crossing guards and local law enforcement; and
3.3.5 Public relations instructions, including the importance of image, dress and
appearance, attitude and general demeanor of a crossing guard.
16-20
EXHIBIT A - SCOPE OF SERVICES
4. Listing of Crossing Guard Locations
The following is a listing of the crossing guard locations in the City of Newport Beach. The
Contractor shall post crossing guards at each of the following locations during the times to be
determined by the City in coordination with the school bell schedules.
CROSSING
GUARD #
SCHOOL
INTERSECTION
1
Corona del Mar High
Eastbluff / Alba
2
Our Lady Queen of Angels Elementary
Eastbluff / Mar Vista
3
Eastbluff Elementary
Eastbluff / Vista del Sol
4
Eastbluff Elementary
Vista del Oro / Vista Roma
5.1
Newport Harbor High
16th St. / Irvine
5.2
Newport Harbor High
16th St. / Irvine
6.1
Newport Harbor High
15th St. / Irvine
6.2
Newport Harbor High
15th St. / Irvine
7
Ensign Intermediate
Cliff / Irvine
8
Ensign Intermediate
Cliff / Irvine
9
Ensign Intermediate
Coral / Irvine
10
Ensign Intermediate
Beacon / Irvine
11
Lincoln Elementary
Pacific View / Marguerite
12
Mariners Elementary
Dover / Mariners
13
Mariners Elementary
Mariners / Pembroke
14
Newport Elementary
W. Balboa / 14th St.
15
Newport Elementary
W. Balboa / 13th St.
16.1
Newport Coast Elementary
Newport Coast / Ridge Park
16.2
Newport Coast Elementary
Newport Coast / Ridge Park
17
Newport Heights Elementary
15th St. / Redlands
18.1
Newport Heights Elementary
15th St. / Santa Ana
18.2
Newport Heights Elementary
15th St. / Santa Ana
16-21
EXHIBIT B
SCHEDULE OF BILLING RATES
All -City Management Services, Inc. Page B-1 16-22
EXHIBIT B — SCHEDULE OF BILLING RATES
YEAR 1 2022-2023 SCHOOL YEAR
Hourly Rate
$28.65
Number of Hours
11,880
Total Annual Amount
$340,362
YEAR 2 2023-2024 SCHOOL YEAR
Hourly Rate
$28.65
Number of Hours
11,880
Total Annual Amount
$340,362
YEAR 3 2024-2025 SCHOOL YEAR
Hourly Rate
$30.31
Number of Hours
11,880
Total Annual Amount
$360,083
YEAR 4 2025-2026 SCHOOL YEAR
Hourly Rate
$30.31
Number of Hours
11,880
Total Annual Amount
$360,083
YEAR 5 2026-2027 SCHOOL YEAR
Hourly Rate
$34.05
Number of Hours
11,880
Total Annual Amount
$404,514
5-Year Cost
$1,805,404
3% Contingency
$54,162
Total 5-Year Cost
$1,859,566
The School Year is defined by the Newport Mesa Unified School District school calendar.
16-23
2
3
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council, boards
and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract (including
the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
All -City Management Services, Inc. Page C-1 16-24
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but not
including professional liability, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
All -City Management Services, Inc. Page C-2
16-25
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days' advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractors
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Contractor's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Contractor or
reimbursed by Contractor upon demand.
All -City Management Services, Inc. Page C-3 16-26
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
All -City Management Services, Inc. Page C-4 16-27
ATTACHMENT B
E.wPo
0-?; City of Newport Beach r
UT BUDGET AMENDMENT
BA#: 23_ 011
2022-23
Department: Police
Requestor: Jonathan Stafford
ONE TIMED Yes ❑ No
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: Date ph 7 -a �-
F,1 COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To increase expenditure appropriations from the General Fund unappropriated fund balance for ongoing ❑from existing budget appropriations
cost increases for the Crossing Guard Services Agreement and added to the PD base budget. ❑ from additional estimated revenues
Q from unappropriated fund balance
REVENUES
Fund #
Org
Object Project Description
Increase or (Decrease) $
Subtotal' $ -
EXPENDITURES
Fund #
Org
Object Project Description
Increase or (Decrease) $
010
01035354 811008 TRAFFIC - SERVICES PROFESSIONAL
61,212.00
Subtotal $ 61,212.00
FUND BALANCE
Fund #
Object
Description
Increase or (Decrease) $
010
300000
GENERAL FUND - FUND BALANCE CONTROL
(61,212.00)
Subtotal $ (61,212.00)
Fund Balance Change Required
16-28