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Home My WebLink AboutPatrol Masters Private Security; 2015-08-25;AMENDMENT NO 7. TO AMEND AGREEMENT FOR SCHOOL ADULT CROSSING GUARD SERVICES PATROL MASTERS INCORPORATED This Amendment No. 7 is entered into as of the 9th day of ~mkJ2A_ 2019, amending the agreement dated August 25, 2015 by and between the CityoCarlsbad, a municipal corporation, ("City"), and Patrol Masters, Incorporated, a corporation, ("Contractor") (collectively, the "Parties") for school adult crossing guard services (the "Agreement"). RECITALS A. City requires the professional services of an adult crossing guard that is experienced in school crossing guard services. 8. Contractor has the necessary experience in providing professional services and advice related to school crossing guard services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. D. On December 29, 2015, the Parties executed Amendment No. 1 to the Agreement to add four additional intersections for crossing guard services to the overall scope of services that Contractor was required to provide and increased Contractor's compensation from $167,953 to $189,650; and E. On October 13, 2016, the Parties executed a Ratification of Amendment No. 2 to the Agreement, extending the Agreement to August 25, 2017, and adding one additional intersection for crossing guard services to the overall scope of services and increased Contractor's compensation from $189,650 to $206,132.40; and F. On March 9, 2017, the Parties executed Amendment No. 3 to the Agreement to add two additional intersections for crossing guard services to the overall scope of services that Contractor was required to provide and increased Contractor's compensation from $206,132.40 to $208,945; and G. On August 23, 2017, the Parties executed Amendment No. 4 to the Agreement for another year term from August 25, 2017 to August 25, 2018, added two additional intersections for crossing guard services to the overall scope of services, and increased Contractor's compensation from $208,945 to $229,035; and H. On January 8, 2018, the Parties executed Amendment No. 5 to the Agreement to add one additional intersection for crossing guard services to the overall scope of services and increased Contractor's compensation from $229.035 to $236,669.20; and I. On September 19, 2018, the Parties executed Amendment No. 6 to the Agreement for another year term from August 25, 2018 to August 25, 2019. J. The Parties desire to extend the contract by six weeks from August 25, 2019 to October 6, 2019, and to alter the scope of work of the Agreement to include one additional intersection for crossing guard services agreed upon in Amendment No. 7 for the entire year; and City Attorney Approved Version 1 /30/13 J. The Parties have negotiated and agreed to a revised fee schedule, which is attached to and incorporated herein by this reference as Exhibit "C," Fee Schedule Extension. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this amendment to extend and amend, the total annual Agreement amount shall not exceed two hundred ninety-six thousand nine-hundred ninety-nine dollars and forty-seven cents ($296,999.47). 2. City will pay Contractor for all work associated with those services described herein on a time and materials basis, not-to-exceed two hundred ninety-six thousand nine-hundred ninety-nine dollars and forty-seven cents ($296,999.47). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "C" by October 6, 2019. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this amendment. Ill Ill Ill Ill Ill Ill Ill Ill 2 City Attorney Approved Version 1 /30/13 CONTRACTOR (sign here) \ Sammy Ahmad/Director of Business DevelopmenUQuality Assurance (print name/title) By: (sign here) (print name/title) ITY OF CARLSBAD, a municipal orat" n of the State of California ATTEST: Uxnc~--J21LJ J)fuiAL kf\.BARBARA ENGLESON lF City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: ::LIA /J;J/' [:mey Assistant City Attorney City Attorney Approved Version 1 /30/13 3 Exhibit C -SCHEDULE -6 WEEK EXTENSION HOURS BILLED WEEKS BILLED PER WEEKLY COST PER COST PER SCHOOL LOCATION REGULAR HOURS MINIMUM DAY HOURS PER SCHOOL DAY SCHOOL YEAR SCHOOL SCHOOL Aviara Oaks Elementary Ambrosia Lane/Av1ara Parkwav 7.45 AM -8:15 AM and 2:30 PM -3 00 PM Thursdav 1.35 PM • 2:05 PM 2 44 $200.90 $8,839 60 Ambrosia Lane/Conoso Wav 7:45 AM -8.15 AM and 2:30 PM· 3 00 PM Thursdav 1 :35 PM -2:05 PM 2 44 $200.90 $8,839.60 Buena Vista Elementary Pio Pico Drive/La Flores Drive 7.45 AM -8:15 AM and 2:25 PM · 2:55 PM Thursdav 1 :35 PM • 2:05 PM 2 44 $200.90 $8,839.60 Calavera Hills Elementarv Colleae Boulevard/Tamarack Avenue 7.30 AM -8·00 AM and 2:20 PM -2 50 PM Thursdav 1 25 PM -1 :55 PM 2 44 $200.90 $8,839 60 Colleae Boulevard/Tamarack S. Avenue 7.30 AM· 8:00 AM and 2:20 PM · 2.50 PM Thursdav 1 :25 PM • 1 :55 PM 2 44 $200.90 $8,839.60 Carrillo Elementary Poinsetba Lane/Melrose Drive 815 AM· 8:45 AM and 3:10 PM-3:40 PM Wednesdav 2.10 PM -2.40 PM 2 44 $200.90 $8,839 60 Poinsettia Lane/Melrose Drive 815 AM -8:45 AM and 3:10 PM-3:40 PM Wednesday 2:10 PM· 2:40 PM 2 44 $200.90 $8,839 60 Poinsetba Lane/Paseo Escuelo 8.15 AM -8.45 AM and 3:10 PM-3:40 PM Wednesday 2·10 PM -2:40 PM 2 44 $200.90 $7,634 20 Po1nsett1a Lane/Paseo Escuelo 8:15 AM· 8:45 AM and 3:10 PM-3'40 PM Wednesday 2:10 PM· 2:40 PM 2 44 $200.90 $7,643.20 El Camino Creek Elementarv Paseo Aliso/Calle Barcelona 7:30 AM· 8:00 AM and 2:20 PM -2.50 PM Fnday 12.45 PM· 1.15 PM 2 44 $200.90 $8,839 60 Paseo Aliso/Calle Barcelona 7:30 AM· 8:00 AM and 2:20 PM · 2.50 PM Fridav 12:45 PM -1:15 PM 2 44 $200.90 $8,839.60 Paseo Aliso/Paseo Tulioero 7 30 AM· 8:00 AM and 2:20 PM· 2:50 PM Fridav 12.45 PM -1:15 PM 2 44 $200.90 $8,839 60 Hooe Elementary Tamarack Avenue/Carlsbad Villaae Drive 7:30 AM -8:00 AM and 2:20 PM· 2:50 PM Thursdav 1.25 PM -1 :55 PM 2 44 $200.90 $8,839.60 Tamarack Avenue/Chatham Road 7:30 AM -8:00 AM and 2:20 PM. 2:50 PM Thursdav 1 25 PM -1 :55 PM 2 44 $200.90 $8,839 60 Tamarack Avenue/Wilshire Avenue 7:30 AM· 8:00 AM and 2:20 PM· 2:50 PM Thursday 1 25 PM • 1 :55 PM 2 44 $200.90 $8,839 60 Jefferson Elementarv Jefferson StreeVCarol Place 7.45 AM -8:15 AM and 2:35 PM -3:05 PM Thursdav 1.30 PM -2:00 PM 2 44 $200.90 $8,839 60 Kellv Elementary Tamarack Avenue/El Camino Real 7:30 AM· 8 00 AM and 2:30 PM· 3.00 PM Thursdav 1 30 PM· 2:00 PM 2 44 $200.90 $8,839 60 Kellv Dnve/ Hillside Avenue 7.30 AM -8:00 AM and 2.30 PM -3.00 PM Thursdav 1 30 PM -2:00 PM 2 44 $200.90 $8,839 60 La Costa Heiahts Elementarv Levante StreeVRomena Street 7:30 AM· 8:00 AM and 2:20 PM· 2.50 PM Fridav 12'45 PM -1 :15 PM 2 44 $200 90 $8,839 60 La Costa Meadows Elementary El Fuerte StreeVCorinlia Street 8:15 AM -8.45 AM and 3·10 PM-3.40 PM Wednesdav 2:10 PM· 2.40 PM 2 44 $200 90 $8,839.60 Magnolia Elementary Monroe StreeVChestnut Avenue 7 15 AM -8:00 AM and 2:35 PM • 3:05 PM Thursday 1.30 PM· 2:00 PM 2.5 44 $251.13 $11,049.50 Monroe StreeVMagnoha Avenue 7:15 AM -8:00 AM and 2:35 PM. 3:05 PM Thursdav 1 :30 PM -2:00 PM 2.5 44 $251.13 $11,049.50 Magnolia StreeWalley Slreet 7 15 AM -8:00 AM and 2:35 PM -3:05 PM Thursdav 1 :30 PM -2:00 PM 2.5 44 $251.13 $11,049.50 Chestnut AveNalley Street 7:15 AM -8:00 AM and 2:35 PM -3:05 PM Thursday 1 :30 PM -2:00 PM 2.5 44 $251.13 S11,049.50 Mission Estancia Elementary Calle Barcelona/Calle San Felipe 7:15 AM -8:00 AM and 2.35 PM· 3:05 PM Thursday 1 :30 PM -2:00 PM 2 44 $200 90 $8,83960 Olivenhain Pioneer Elementary Calle Aceryo/School Entrance Only Dnveway 7 .30 AM -8:00 AM and 2:20 PM -2.50 PM Friday 12.45 PM -1:15 PM 2 44 $200.90 $8,839.60 Calle Aceryo/east exit 7 30 AM -8:00 AM and 2:20 PM· 2.50 PM Friday 12.45 PM · 1:15 PM 2 44 $200.90 $8,839.60 Calle Aceryo/Rancho Santa Fe Road 7.30 AM -8:00 AM and 2:20 PM -2:50 PM Friday 12:45 PM -1:15 PM 2 44 $200.90 $8,839.60 Pacific Rim Elementarv Camino De Las Ondas/Hidden Vallev Road 7.45 AM -815 AM and 2:35 PM · 3·05 PM Thursday 1.30 PM -2:00 PM 2 44 $200.90 $8,839.60 Camino De Las Ondas/Alderwood Drive 7.45 AM -8:15 AM and 2:35 PM -3.05 PM Thursdav 1 :30 PM -2:00 PM 2 44 $200.90 $8,839.60 Hidden Valley Rd/Liahlhouse Rd 7.45 AM • 8:15 AM and 2:35 PM -3:05 PM Thursdav 1 :30 PM • 2:00 PM 2 44 $200.90 $8,839.60 Vallev Middle/Maanolia Elementary Vallev SVT amarack Ave 7:15 AM -8:00 AM and 2:20 PM -3.05 PM Thursdav 1 :35 PM -2:50 PM 3.4 44 $341.53 $15,027.32 Valley SVMaanolia Ave 7:15 AM· 8:00 AM and 2:20 PM· 2:50 PM Thursday 1 :35 PM • 2:50 PM 2.5 6 $251.13 $1,506.75 TOTAL EST. HOURS PER DAY: 69.9 Total EST. Annual Cost: $296,999.47 ~ PATR0-6 OP ID: GS ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 07/31/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 877-242-9600 ijl?ij!~cT Christopher Deale Central Insurance Agency, Inc. PHONE 877-242-9600 I FAX 877-243-8995 93 East Main Street (A/C, No, Ext): (A/C, No): Smithtown, NY 11787 ~t1DAJ~""= cert1t1cates@c1amsures.com George Gavaris INSURERISl AFFORDING COVERAGE NAIC# INSURER A: Arch Insurance Comoanv 11150 PNSURfK, INSURER B, National Liability & Fire Ins 20052 atrQ arers Security INSURER c, Am Guard Insurance Company 42390 ServIce5a nc. PPog12 475 &55 . Main St. #200-351 INSURER D: range, CA 92868 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l~f: TYPE OF INSURANCE :';,.?JlnL ~l POLICY NUMBER POLICYEFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -=:J CLAIMS-MADE [K] OCCUR s~~~~~J9E~~~JJ,;'encel 100,000 X BSPKG0333100 02/22/2019 02/22/2020 $ X Assault & Battery MED EXP (Anv one oersonl $ 5,000 X Errors & Omission PERSONAL & ADV INJURY $ 1,000,000 -3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ~ POLICY [K] ~t8f □ LOC PRODUCTS -COMP/OP AGG $ 3,000,000 OTHER: $ C ~TOMOBILE LIABILITY ~~~~~~~~1?NGLE LIMIT $ 1,000,000 ANY AUTO PAAU014991 01/01/2019 01/01/2020 BODILY INJURY (Per cerson\ $ -OWNED X SCHEDULED -AUTOS ONLY _ AUTOS BODILY INJURY (Per accident\ $ X HIRED X ~8toi~1~ /p~?~[c~1.'riAMAGE $ AUTOS ONLY $ A X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 2,000,000 -BSPKG0333200 02/22/2019 02/22/2020 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ B WORKERS COMPENSATION XI ~ffTIITF I I OTH-AND EMPLOYERS' LIABILITY ER Y/N V9WC079835 02/20/2019 02/20/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) see notes. CERTIFICATE HOLDER CANCELLATION CITYCAL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad Crossing THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Guard, Clo Sgt. Paule Reyes Carlsbad Police Dept. AUTHORIZED REPRESENTATIVE 2560 Orion Way 21~ 'tr~ Carlsbad, CA 92010 I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITYCAL 1NSURED's NAME Patrol Masters Security PATR0-6 OPID: GS City of Carlsbad Crossing Guard, Sgt Paul Reyes, and Carlsbad Police Department are included as an additional insured under the general liability with respect to the liability created by the negligent acts, errors and omissions of the named insured herein as required by written contract. PAGE 2 Date 07/31/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: Section II, WHO IS AN INSURED, is amended by adding Any person, organization, trustee or estate: a. to whom "you" are obligated by written contract to provide insurance such as that afforded by this policy, or b. specifically designated as an additional insured on an authorized Certificate of Insurance received by "us" prior to any "occurrence"; Coverage afforded under (a) or (b) is limited to liability arising out of "your work" for such additional insured(s) and is caused by the negligent acts of the named insured. This endorsement shall be excess of any other insurance available except coverage afforded by this endorsement will be primary and non-contributory, but only if and to the extent required by written contract. All other terms and conditions of the Policy remain the same. Policy Number: BSPKG0333100 00 GL0334 00 04 08 Page 1 of 1 Policy Number: BSPKG0333100 ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT -AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided by the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (SECTION Ill) applies separately to each of your projects away from premises owned by or rented to you. AIC-SGP-E33 (8/02) Policy Number: BSPKG0333100 ARCH INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: SCHEDULE Designated Person or Organization: THE PERSON, ORGANIZATION, TRUSTEE OR ESTATE TO WHOM YOU ARE OBLIGATED BY WRITTEN CONTRACT TO PROVIDE INSURANCE SUCH AS THAT AFFORDED BY THIS POLICY. Contract Number: Description of Project: Location of Project: We waive any right of recovery we may have against the person or organization designated in the Schedule as subject to this endorsement because of payments we make for injury or damage arising out of work you perform under a contract with the designated person or organization. The waiver applies only to the designated person or organization and the work you perform must be under the contract, and for the project and location, designated in the Schedule. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1984. AIC-SGP-E34 (8/02) RATIFICATION OF AMENDMENT NO 6. TO AMEND AGREEMENT FOR SCHOOL ADULT CROSSING GUARD SERVICES PATROL MASTERS INCORPORATED This Ratification of Amendment No. 6 is entered into as of the /5 fu day of Janu~ 20'JC'J but effective November 6, 2018, amending the agreement dated August 25, 2015 ~greement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Patrol Masters, Incorporated, a corporation, ("Contractor") (collectively, the "Parties") for school adult crossing guard services. RECITALS A City requires the professional services of an adult crossing guard that is experienced in school crossing guard services. B. Contractor has the necessary experience in providing professional services and advice related to school crossing guard services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. D. On December 29, 2015, the Parties executed Amendment No. 1 to the Agreement to add four additional intersections for crossing guard services to the overall scope of services that Contractor was required to provide and increased Contractor's compensation from $167,953 to $189,650; and E. On October 13, 2016, the Parties executed a Ratification of Amendment No. 2 to the Agreement, extending the Agreement to August 25, 2017, and adding one additional intersection for crossing guard services to the overall scope of services and increased Contractor's compensation from $189,650 to $206,132.40; and F. On March 9, 2017, the Parties executed Amendment No. 3 to the Agreement to add two additional intersections for crossing guard services to the overall scope of services that Contractor was required to provide and increased Contractor's compensation from $206, 132.40 to $208,945; and G. On August 23, 2017, the Parties executed Amendment No. 4 to the Agreement for another year term from August 25, 2017 to August 25, 2018, added two additional intersections for crossing guard services to the overall scope of services, and increased Contractor's compensation from $208,945 to $229,035; and H. On January 8, 2018, the Parties executed Amendment No. 5 to the Agreement to add one additional intersection for crossing guard services to the overall scope of services and increased Contractor's compensation from $229,035 to $236,669.20; and I. On September 19, 2018, the Parties executed Amendment No. 6 to the Agreement for another year term from August 25, 2018 to August 25, 2019. I. The Parties desire to alter the scope of work of the Agreement to include one additional intersection for crossing guard services agreed upon in Amendment No. 6 for the entire City Attorney Approved Version 1 /30/13 year; and J. The Parties have negotiated and agreed to a revised fee schedule, which is attached to and incorporated herein by this reference as Exhibit "A," Fee Schedule. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". With this ratification of the amendment to extend and amend, the total annual Agreement amount shall not exceed two hundred forty-nine thousand six hundred forty-seven dollars and thirty four cents ($249,647.34). 2. City will pay Contractor for all work associated with those services described herein on a time and materials basis, not-to-exceed two hundred forty-nine thousand six hundred forty- seven dollars and thirty four cents ($249,647.34). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by August 25, 2019. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this amendment. Ill Ill Ill Ill Ill Ill Ill Ill 7. This amendment to the Agreement is ratified. 2 City Attorney Approved Version 1 /30/13 CONTRACTOR By: (sign here) Sammy Ahmad/Director of Business Development/Quality Assurance (print name/title) By: (sign here) (print name/title) ATTEST: )~ARBARA ENGLESON //-vity Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: ::LIA ti}[ Attorney Assistant City Attorney City Attorney Approved Version 1/30/13 3 Exhibit B -SCHEDULE HOURS BILLED WEEKS BILLED PER WEEKLY COST PER COST PER SCHOOL LOCATION REGULAR HOURS MINIMUM DAY HOURS PER SCHOOL DAY SCHOOL YEAR SCHOOL SCHOOL Aviara Oaks Elementarv Ambrosia Lane/Aviara Parkwav 7:45 AM -8:15 AM and 2:30 PM -3:00 PM Thursdav 1 :35 PM -2:05 PM 2 38 $200.90 $7,634.20 Ambrosia Lane/Conoso Wav 7:45 AM - 8:15 AM and 2:30 PM -3:00 PM Thursday 1 :35 PM -2:05 PM 2 38 $200.90 $7,634.20 Buena Vista Elementarv Pio Pico Drive/La Flores Drive 7:45 AM -8:15 AM and 2:25 PM -2:55 PM Thursday 1 :35 PM - 2:05 PM 2 38 $200.90 $7,634.20 Calavera Hills Elementarv Colleoe Boulevard/Tamarack Avenue 7:30 AM -8:00 AM and 2:20 PM· 2:50 PM Thursday 1 :25 PM -1 :55 PM 2 38 $200.90 $7,634.20 Colleoe Boulevard/Tamarack S. Avenue 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Thursday 1 :25 PM -1 :55 PM 2 38 $200.90 $7 634.20 Carrillo Elementary Poinsettia Lane/Melrose Drive 8:15 AM -8:45 AM and 3:10 PM-3:40 PM Wednesdav 2:10 PM -2:40 PM 2 38 $200.90 $7 634.20 Poinsettia Lane/Melrose Drive 8:15 AM -8:45 AM and 3:10 PM-3:40 PM Wednesdav 2:10 PM· 2:40 PM 2 38 $200.90 $7,634.20 Poinsettia Lane/Paseo Escuelo 8:15 AM -8:45 AM and 3:10 PM-3:40 PM Wednesdav 2:10 PM -2:40 PM 2 38 $200.90 $7,634.20 Poinsettia Lane/Paseo Escuelo 8:15 AM -8:45 AM and 3:10 PM-3:40 PM Wednesdav 2:10 PM -2:40 PM 2 38 $200.90 $7 643.20 El Camino Creek Elementary Paseo Aliso/Calle Barcelona 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Fridav 12:45 PM -1:15 PM 2 38 $200.90 $7,634.20 Paseo Aliso/Calle Barcelona 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Fridav 12:45 PM -1:15 PM 2 38 $200.90 $7 634.20 Paseo Aliso/Paseo Tulioero 7:30 AM -8:00 AM and 2:20 PM - 2:50 PM Fridav 12:45 PM -1:15 PM 2 38 $200.90 $7 634.20 Hope Elementary Tamarack Avenue/Cartsbad Villaae Drive 7:30 AM -8:00 AM and 2:20 PM· 2:50 PM Thursdav 1 :25 PM -1 :55 PM 2 38 $200.90 $7,634.20 Tamarack Avenue/Chatham Road 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Thursdav 1 :25 PM -1 :55 PM 2 38 $200.90 $7,634.20 Tamarack Avenue/Wilshire Avenue 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Thursdav 1:25 PM -1:55 PM 2 38 $200.90 $7,634.20 Jefferson Elementarv Jefferson StreeVCarol Place 7:45 AM -8:15 AM and 2:35 PM - 3:05 PM Thursdav 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Kellv Elementarv Tamarack Avenue/El Camino Real 7:30 AM -8:00 AM and 2:30 PM -3:00 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Kellv Drive/ Hillside Avenue 7:30 AM -8:00 AM and 2:30 PM -3:00 PM Thursdav 1 :30 PM -2:00 PM 2 38 $200.90 $7 634.20 La Costa Heiahts Elementarv Levante Street/Romeria Street 7:30 AM - 8:00 AM and 2:20 PM -2:50 PM Friday 12:45 PM -1:15 PM 2 38 $200.90 $7,634.20 La Costa Meadows Elementarv El Fuerte StreeVCorintia Street 8:15 AM - 8:45 AM and 3:10 PM-3:40 PM Wednesday 2:10 PM -2:40 PM 2 38 $200.90 $7,634.20 Maonolia Elementarv Monroe StreeVChestnut Avenue 7:30 AM -8:00 AM and 2:50 PM -3:20 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Monroe StreeUMacnolia Avenue 7:30 AM -8:00 AM and 2:50 PM -3:20 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7 634.20 Maonolia StreeWallev Street 7:30 AM -8:00 AM and 2:50 PM -3:20 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Chestnut Ave/Valley Street 7:30 AM - 8:00 AM and 2:50 PM • 3:20 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Mission Estancia Elementarv Calle Barcelona/Calle San Felipe 7:30 AM -8:00 AM and 2:20 PM· 2:50 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Oliven ha in Pioneer Elementary Calle Acervo/School Entrance Onlv Driveway 7:30 AM • 8:00 AM and 2:20 PM -2:50 PM Friday 12:45 PM -1 :15 PM 2 38 $200.90 $7 634.20 Calle Acervo/east exit 7:30 AM -8:00 AM and 2:20 PM - 2:50 PM Friday 12:45 PM -1:15 PM 2 38 $200.90 $7 634.20 Calle Acervo/Rancho Santa Fe Road 7:30 AM -8:00 AM and 2:20 PM - 2:50 PM Friday 12:45 PM -1 :15 PM 2 38 $200.90 $7 634.20 Pacific Rim Elementary Camino De Las Ondas/Hidden Valley Road 7:45 AM - 8:15 AM and 2:35 PM -3:05 PM Thursdav 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Camino De Las Ondas/AldelWOOd Drive 7:45 AM -8:15 AM and 2:35 PM -3:05 PM Thursdav 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Hidden Vallev Rd/Liahthouse Rd 7:45 AM -8:15 AM and 2:35 PM -3:05 PM Thursdav 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Valley M1ddle/Maanoha Elementarv Valley SVTamarack Ave 7:15 AM - 8:00 AM and 2:20 PM -3:05 PM Thursdav 1 :35 PM - 2:50 PM 3.4 38 $341.53 $12,978.14 -.... TOTAL EST. HOURS PER DAY: 65.4 - ------i ----------------1-Total EST. Annual Cost: $249,647.34 ~ PATRO-6 OPID:LH ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 12/21/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 877-242-9600 ~~~I~cT Central Insurance Agency Central Insurance Agency, Inc. PHONE 877-242-9600 ] Fffc, No):877-243-8995 93 East Main Street (A/C, No, Ext): Smithtown, NY 11787 ~t1DA~~ss: certificates@c1amsures.com George Gavaris INSURERISl AFFORDING COVERAGE NAIC# INSURER A: Acceptance Casualty Ins Co 10349 . INSURED Patrol Masters Security INSURER B , Employers Assurance Company 25402 Services, Inc. 655 S. Main St. #200-351 INSURERC: Orange, CA 92868 INSURERD: ---· ·-- INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS I Tl> ,..,.,n ..,.,n T T A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 -□ CLAIMS-MADE 00 OCCUR DAMAGE TO RENTED 100,000 y CL00960829 02/22/2018 02/22/2019 PREMISES /Ea occurrence) $ X Assault & Battery MED EXP (Anv one oerson) $ 5,000 X Errors & Omission -PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 =7 POLICY oo ~rBi= DLoc PRODUCTS -COMP/OP AGG $ 1,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT /Ea accidenll i -------·---------- ANY AUTO BODILY INJUR'l' .[f'_er person) _$_,,, ____ -~------OWNED SCHEDULED -AUTOS ONLY -AUTOS BODILY INJURY(Per accident] ~ ------------HIRED NON-OWNED PROPERTY DAMAGE -AUTOS ONLY -AUTOS ONLY J!'er accident) $ $ A X UMBRELLA LIAB M OCCUR EACH OCCURRENCE $ 2,000,000 -XL00450404 02/22/2018 02/22/2019 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ $ B WORKERS COMPENSATION ~j ~¥frnTE I I OTH-AND EMPLOYERS" LIABILITY ER Y/N EIG 2607905-00 02/20/2018 02/20/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached if more space is required) see notes. CERTIFICATE HOLDER CANCELLATION CITYCAL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad Crossing THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Guard, Clo Sgt. Paule Reyes Carlsbad Police Dept. AUTHORIZED REPRESENTATIVE 2560 Orion Way 21«-/ '21'~ Carlsbad, CA 92010 I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE INSURED'S NAME CITYCAL Patrol Masters Security PATR0-6 OP ID: LH City of Carlsbad Crossing Guard, Sgt Paul Reyes, and Carlsbad Police Department are included as an additional insured under the general liability with respect to the liability created by the negligent acts, errors and omissions of the named insured herein as required by written contract. Date PAGE 2 12/21/2018 POLICY NUMBER: CL00960829 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or OrQanization(s) Automatic Status Included Where Required by Written Contract. Automatic Status Included Where Required by Written Contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 □ AMENDMENT NO. 6 TO EXTEND AND AMEND AGREEMENT FOR SCHOOL ADULT CROSSING GUARD SERVICES PATROL MASTERS INCORPORATED This Amendment No. 6 is entered into as of the /9th day of September 2018, extending and amending the agreement dated August 25, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Patrol Masters, Incorporated, a corporation, ("Contractor") (collectively, the "Parties") for school adult crossing guard services. RECITALS A. City requires the professional services of an adult crossing guard that is experienced in school crossing guard services. B. Contractor has lhe necessary experience in providing professional services and advice related to school crossing guard services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. D. On December 29, 2015, the Parties executed Amendment No. 1 to the Agreement to add four additional intersections for crossing guard services to the overall scope of services that Contractor was required to provide and increased Contractor's compensation from $167,953 to $189,650; and E. On October 13, 2016, the Parties executed a Ratification of Amendment No. 2 to the Agreement, extending the Agreement to August 25, 2017, and adding one additional intersection for crossing guard services to the overall scope of services and increased Contractor's compensation from $189,650 to $206,132.40; and F. On March 9, 2017, the Parties executed Amendment No. 3 to the Agreement to add two additional intersections for crossing guard services to the overall scope of services that Contractor was required to provide and increased Contractor's compensation from $206, 132.40 to $208,945; and G. On August 23, 2017, the Parties executed Amendment No. 4 to the Agreement for another year term from August 25, 2017 to August 25, 2018, added two additional intersections for crossing guard services to the overall scope of services, and increased Contractor's compensation from $208,945 to $229,035; and H. On January 8, 2018, the Parties executed Amendment No. 5 to the Agreement to add one additional intersection for crossing guard services to the overall scope of services and increased Contractor's compensation from $229,035 to $236,669.20; and I. The Parties desire to continue the scope of services for another year term from August 25, 2018 to August 25, 2019; and J. The Parties have negotiated and agreed to a revised fee schedule, which is City Attorney Approved Version 1 /30/13 attached to and incorporated herein by this reference as Exhibit "A," Fee Schedule. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The extension and amendment of the Agreement is ratified. 2. Contractor will continue to provide those services contracted for in the Agreement, as amended. With this ratification to extend and amend, the total annual Agreement amount shall not exceed two hundred thirty six thousand six hundred sixty-nine dollars and twenty cents ($236,669.20). 3. City will pay Contractor for all work associated with those services described herein on a time and materials basis, not-to-exceed two hundred thirty six thousand six hundred sixty-nine dollars and twenty cents ($236,669.20). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 5. The Agreement, as amended, is hereby extended for another year, beginning on August 25, 2018 and concluding on August 25, 2019. 6. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 7. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 8. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and co 1tio s of this amendment. CONTRACTOR By: f (sign here) ·· Sammy Ahmad/Director of Bu DevelopmenUQuality Assurance (print name/title) By: (sign here) (print name/title) r or Mayor or Director ATTEST: (_fw«wo£m_~ ke{3ARBARA ENGLESON I) City Clerk City Attorney Approved Version 1 /30/13 2 If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: ::LIA Az:JRLttorney Assistant City Attorney City Attorney Approved Version 1 /30/13 3 AMENDMENT NO. 5 TO AMEND AGREEMENT FOR SCHOOL ADULT CROSSING GUARD SERVICES PATROL MASTERS INCORPORATED This Amendment No. 5 is entered into as of the ' ·;~Ti ) day of --~,1. >.JO I ,q amending the agreement dated August 25, 2015 (the "Agreement") by and between the City of ) Carlsbad, a municipal corporation, ("City"), and Patrol Masters, Incorporated, a corporation, ("Contractor") (collectively, the "Parties") for school adult crossing guard services. RECITALS A. The Parties desire to alter the Agreement's scope of work to add one additional intersection for crossing guard services; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not to exceed two hundred thirty-six thousand six- hundred sixty-nine dollars and twenty cents ($236,669.20). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by August 25, 2018. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. II II II City Attorney Approved Version 1 /30/13 CONTRACTOR By: (sign here) Sammy Ahmad/Director of Business Development/Quality Assurance (print name/title) By: (sign here) (print name/title) ATTEST: ( / ! i \ ', ,Q;:YYJC,/'\\ ,,.._ () BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By:_)_Vlt_J L __ Assistant City Attorney City Attorney Approved Version 1 /30/13 2 EXHIBIT "A" SCOPE OF SERVICES GENERAL Contractor shall provide capable and reliable Adult Crossing Guards to assist elementary school pedestrians in crossing the street by providing gaps in traffic at school crossings where an engineering study has shown that adequate gaps need to be created, and where authorized by law. NOTIFICATION PROCEDURE Contractor shall act to insure an Adult Crossing Guard is present at all designated locations every day the associated school is in session. Contractor shall have in place a notification system for regular guards to use in order to report to the Contractor if they will be absent from their posts. In all cases, the Contractor shall assume responsibility that every post is manned at the predetermined times as set forth by this contract. RECRUITING PLAN Contractor shall establish and maintain a recruiting plan that will assure fully qualified backup guards are available for each position designated by this contract. APPLICANT SCREENING Contractor shall pre-screen applicants to determine the applicants' qualifications and suitability for the position. Applicants considered acceptable must be fingerprinted at the Carlsbad Police Department for a criminal history check through the FBI National Crime Information Center; State of California, Department of Justice including the Child Abuse Central Index. Applicants deemed to be unacceptable by the Chief of Police or his designee shall not be assigned by the Contractor as an Adult Crossing Guard. City shall accept or reject applicants for Adult Crossing Guard within a reasonable time after the applicant has been fingerprinted. Contractor shall be notified as to any person who did not meet the screening standards. TRAINING Contractor shall fully train each Adult Crossing Guard prior to a guard assuming their duties. Training standards shall be approved by the Chief of Police or his designee and shall include instruction on holding a hand held stop sign, where to stand while children cross, wearing of a reflective safety vest, use of any other issued equipment, and the procedures for reporting safety violations and actions to be taken in the event of an accident. EQUIPMENT The Contractor shall provide a safety vest or jacket and hand held stop sigh for use by each Adult Crossing Guard. The safety vest or Jacket will meet or exceed the most current American National Standard Institute or ANSI rating for traffic control. COMPENSATION Contractor shall comply with all state and federal requirements regarding payroll taxes, minimum wage, workers' compensation, unemployment compensation insurance, and fair employment practices. Additionally, Contractor shall handle all payroll responsibilities and be City Attorney Approved Version 4/1/15 8 responsible for all workers' compensation claims presented by any employee hired by the Contractor as an Adult Crossing Guard. City shall pay Contractor in accordance with the terms of this contract. Contractor shall submit invoices monthly that state the hours worked at each location. City shall have the right to verify the hours worked prior to payment. Payments will be made in accordance with RFB 15-09 based on a rate of $20.09 per hour per guard for hours actually worked. SCHOOL LIAISON Contractor shall establish a liaison with the school district(s) to monitor changes in school schedules. Contractor shall report these changes to the Chief of Police. ADULT CROSSING GUARD TIMES, DAYS, AND LOCATIONS See attached spreadsheet City Attorney Approved Version 4/1 /15 9 Exhibit B -SCHEDULE HOURS BILLED WEEKS BILLED PER WEEKLY COST PER COST PER SCHOOL LOCATION REGULAR HOURS MINIMUM DAY HOURS PER SCHOOL DAY SCHOOL YEAR SCHOOL SCHOOL Aviara Oaks Elementary Ambrosia Lane/Aviara Parkway 7:45 AM - 8:15 AM and 2:30 PM -3:00 PM Thursday 1 :35 PM -2:05 PM 2 38 $200.90 $7,634.20 Ambrosia Lane/Conoso Wav 7:45 AM -8:15 AM and 2:30 PM -3:00 PM Thursdav 1 :35 PM - 2:05 PM 2 38 $200.90 $7,634.20 Buena Vista Elementary Pio Pico Drive/La Flores Drive 7:45 AM -8:15 AM and 2:25 PM -2:55 PM Thursday 1 :35 PM -2:05 PM 2 38 $200.90 $7,634.20 Calavera Hills Elementarv Colleae Boulevard/Tamarack Avenue 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Thursdav 1 :25 PM -1 :55 PM 2 38 $200.90 $7,634.20 Colleae Boulevard/Tamarack S. Avenue 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Thursday 1 :25 PM -1 :55 PM 2 38 $200.90 $7,634.20 Carrillo Elementarv Poinsettia Lane/Melrose Drive 8:15 AM - 8:45 AM and 3:10 PM-3:40 PM Wednesdav 2:10 PM - 2:40 PM 2 38 $200.90 $7,634.20 Poinsettia Lane/Melrose Drive 8:15 AM -8:45 AM and 3:10 PM-3:40 PM Wednesday 2:10 PM - 2:40 PM 2 38 $200.90 $7,634.20 Poinsettia Lane/Paseo Escuelo 8:15 AM -8:45 AM and 3:10 PM-3:40 PM Wednesday 2:10 PM -2:40 PM 2 38 $200.90 $7,634.20 Poinsettia Lane/Paseo Escuelo 8:15 AM -8:45 AM and 3:10 PM-3:40 PM Wednesday 2:10 PM -2:40 PM 2 38 $200.90 $7,643.20 El Camino Creek Elementary Paseo Aliso/Calle Barcelona 7:30 AM -8:00 AM and 2:20 PM - 2:50 PM Friday 12:45 PM -1 :15 PM 2 38 $200.90 $7,634.20 Paseo Aliso/Calle Barcelona 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Fridav 12:45 PM -1 :15 PM 2 38 $200.90 $7,634.20 Paseo Aliso/Paseo Tulipero 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Friday 12:45 PM -1 :15 PM 2 38 $200.90 $7,634.20 Hooe Elementarv Tamarack Avenue/Carlsbad Villaae Drive 7:30 AM -8:00 AM and 2:20 PM - 2:50 PM Thursdav 1 :25 PM - 1 :55 PM 2 38 $200.90 $7,634.20 Tamarack Avenue/Chatham Road 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Thursday 1 :25 PM - 1 :55 PM 2 38 $200.90 $7,634.20 Tamarack Avenue/Wilshire Avenue 7:30 AM - 8:00 AM and 2:20 PM -2:50 PM Thursdav 1 :25 PM -1 :55 PM 2 38 $200.90 $7,634.20 Jefferson Elementary Jefferson StreeVCarol Place 7:45 AM - 8:15 AM and 2:35 PM -3:05 PM Thursday 1 :30 PM - 2:00 PM 2 38 $200.90 $7,634.20 Kellv Elementarv Tamarack Avenue/El Camino Real 7:30 AM - 8:00 AM and 2:30 PM -3:00 PM Thursdav 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Kelly Drive/ Hillside Avenue 7:30 AM - 8:00 AM and 2:30 PM -3:00 PM Thursday 1 :30 PM - 2:00 PM 2 38 $200.90 $7,634.20 La Costa Heiahts Elementarv Levante StreeVRomeria Street 7:30 AM -8:00 AM and 2:20 PM - 2:50 PM Fridav 12:45 PM - 1 :15 PM 2 38 $200.90 $7,634.20 La Costa Meadows Elementarv El Fuerte StreeVCorintia Street 8:15 AM - 8:45 AM and 3:10 PM-3:40 PM Wednesday 2:10 PM -2:40 PM 2 38 $200.90 $7,634.20 Maanolia Elementarv Monroe StreeVChestnut Avenue 7:30 AM -8:00 AM and 2:50 PM • 3:20 PM Thursdav 1 :30 PM· 2:00 PM 2 38 $200.90 $7,634.20 Monroe StreeVMaanolia Avenue 7:30 AM -8:00 AM and 2:50 PM • 3:20 PM Thursday 1 :30 PM • 2:00 PM 2 38 $200.90 $7,634.20 Maanolia StreeWallev Street 7:30 AM· 8:00 AM and 2:50 PM • 3:20 PM Thursdav 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Chestnut AveNalley Street 7:30 AM· 8:00 AM and 2:50 PM • 3:20 PM Thursday 1 :30 PM· 2:00 PM 2 38 $200.90 $7,634.20 Mission Estancia Elementary Calle Barcelona/Calle San Felipe 7:30 AM· 8:00 AM and 2:20 PM • 2:50 PM Thursdav 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Olivenhain Pioneer Elementarv Calle Acervo/School Entrance Only Driveway 7:30 AM - 8:00 AM and 2:20 PM • 2:50 PM Friday 12:45 PM -1:15 PM 2 38 $200.90 $7,634.20 Calle Acervo/east exit 7:30 AM - 8:00 AM and 2:20 PM • 2:50 PM Fridav 12:45 PM -1:15 PM 2 38 $200.90 $7,634.20 Calle Acervo/Rancho Santa Fe Road 7:30 AM -8:00 AM and 2:20 PM· 2:50 PM Friday 12:45 PM -1 :15 PM 2 38 $200.90 $7,634.20 Pacific Rim Elementarv Camino De Las Ondas/Hidden Valley Road 7:45 AM -8:15 AM and 2:35 PM • 3:05 PM Thursday 1 :30 PM· 2:00 PM 2 38 $200.90 $7,634.20 Camino De Las Ondas/Alderwood Drive 7:45 AM -8:15 AM and 2:35 PM· 3:05 PM Thursday 1 :30 PM • 2:00 PM 2 38 $200.90 $7,634.20 Hidden Valley Rd/Uahthouse Rd 7:45 AM -8:15 AM and 2:35 PM· 3:05 PM Thursday 1 :30 PM· 2:00 PM 2 38 $200.90 $7,634.20 -TOTAL EST. HOURS PER DAY: 62 Total EST. Annual Cost: $236,669.20 AMENDMENT NO. 4 TO EXTEND AND AMEND AGREEMENT FOR SCHOOL ADULT CROSSING GUARD SERVICES PATROL MASTERS INCORPORATED This Amendment No. 4 is entered into as of the ::23Yc:l day of August 2017, extending and amending the agreement dated August 25, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Patrol Masters, Incorporated, a corporation, ("Contractor") (collectively, the "Parties") for school adult crossing guard services. RECITALS A. On December 29, 2015, the Parties executed Amendment No. 1 to the Agreement to add four additional intersections for crossing guard services to the overall scope of services that Contractor was required to provide and increased Contractor's compensation from $167,953 to $189,650; and B. On October 13, 2016, the Parties executed a Ratification of Amendment No. 2 to the Agreement, extending the Agreement to August 25, 2017, and adding one additional intersection for crossing guard services to the overall scope of services and increased Contractor's compensation from $189,650 to $206,132.40; and C. On March 9, 2017, the Parties executed Amendment No. 3 to the Agreement to add two additional intersections for crossing guard services to the overall scope of services that Contractor was required to provide and increased Contractor's compensation from $206,132.40 to $208,945; and D. The Parties desire to continue the scope of services, as amended on No. 4 to the Agreement, for another year term from August 25, 2017 to August 25, 2018, adding two additional intersections for crossing guard services to the overall scope of services and increased Contractor's compensation from $206,132.40 to $229,035; and E. The Parties have negotiated and agreed to a revised fee schedule, which is attached to and incorporated herein by this reference as Exhibit "A," Fee Schedule. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The extension and amendment of the Agreement is ratified. 2. Contractor will continue to provide those services contained in the Agreement and Amendment No. 2, With this ratification to extend and amend, the total annual Agreement amount shall not exceed two hundred twenty nine thousand, thirty five dollars and no cents ($229,035). 3. City will pay Contractor for all work associated with those services described herein on a time and materials basis, not-to-exceed two hundred twenty nine thousand, thirty five dollars and no cents ($229,035). Contractor will provide City, on a monthly basis, copies of invoices City Attorney Approved Version 1 /30/13 sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 5. The Agreement, as amended, is hereby extended for another year, beginning on August 25, 2017 and concluding on August 25, 2018. 6. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 7. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill /II Ill /II /II Ill /II Ill 2 City Attorney Approved Version 1 /30/13 8. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this amendment. CONTRACTOR By: (sign here) Sammy Ahmad/Director of Business DevelopmenUQuality Assurance (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal ~:rporatio~alifornia ~nage, or Mayor or Director If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By:_t!~lA.J~L:_:....__ Assistant City Attorney City Attorney Approved Version 1 /30/13 3 Exhibit B -SCHEDULE SCHOOL LOCATION REGULAR HOURS Aviara Oaks Elementarv Ambrosia Lane/Aviara Parkwav 7:45 AM -8:15 AM and 2:30 PM -3:00 PM Ambrosia Lane/Conoso Way 7:45 AM -8:15 AM and 2:30 PM -3:00 PM Buena Vista Elementarv Pio Pico Drive/La Flores Drive 7:45 AM - 8:15 AM and 2:25 PM -2:55 PM Calavera Hills Elementary Colleae Boulevard/Tamarack Avenue 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Colleae Boulevard/Tamarack S. Avenue 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Carrillo Elementarv Poinsettia Lane/Melrose Drive 8:15 AM -8:45 AM and 3:10 PM-3:40 PM Poinsettia Lane/Melrose Drive 8:15 AM -8:45 AM and 3:10 PM-3:40 PM Poinsettia Lane/Paseo Escuelo 8:15 AM -8:45 AM and 3:10 PM-3:40 PM Poinsettia Lane/Paseo Escuelo 8:15 AM -8:45 AM and 3:10 PM-3:40 PM El Camino Creek Elementarv Paseo Aliso/Calle Barcelona 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Paseo Aliso/Calle Barcelona 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Paseo Aliso/Paseo Tulioero 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Hope Elementarv Tamarack Avenue/Carlsbad Villaae Drive 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Tamarack Avenue/Chatham Road 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Tamarack Avenue/Wilshire Avenue 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Jefferson Elementarv Jefferson StreeUCarol Place 7:45 AM -8:15 AM and 2:35 PM -3:05 PM Kellv Elementarv Tamarack Avenue/El Camino Real 7:30 AM -8:00 AM and 2:30 PM -3:00 PM Kellv Drive/ Hillside Avenue 7:30 AM -8:00 AM and 2:30 PM -3:00 PM La Costa Heiahts Elementarv Levante StreeURomeria Street 7:30 AM -8:00 AM and 2:20 PM -2:50 PM La Costa Meadows Elementary El Fuerte StreeUCorintia Street 8:15 AM - 8:45 AM and 3:10 PM-3:40 PM Maanolia Elementarv Monroe StreeUChestnut Avenue 7:30 AM -8:00 AM and 2:50 PM -3:20 PM Monroe StreeUMaanolia Avenue 7:30 AM -8:00 AM and 2:50 PM -3:20 PM Maanolia StreeWallev Street 7:30 AM -8:00 AM and 2:50 PM -3:20 PM Mission Estancia Elementary Calle Barcelona/Calle San Felipe 7:30 AM -8:00 AM and 2:20 PM - 2:50 PM Olivenhain Pioneer Elementarv Calle Acervo/School Entrance Onlv Drivewav 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Calle Acervo/east exit 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Calle Acervo/Rancho Santa Fe Road 7:30 AM -8:00 AM and 2:20 PM -2:50 PM Pacific Rim Elementary Camino De Las Ondas/Hidden Valley Road 7:45 AM -8:15 AM and 2:35 PM -3:05 PM Camino De Las Ondas/Alderwood Drive 7:45 AM -8:15 AM and 2:35 PM -3:05 PM Hidden Valley Rd/liahthouse Rd 7:45 AM -8:15 AM and 2:35 PM -3:05 PM HOURS BILLED MINIMUM DAY HOURS PER SCHOOL DAY Thursdav 1 :35 PM -2:05 PM 2 Thursday 1 :35 PM -2:05 PM 2 Thursdav 1 :35 PM -2:05 PM 2 Thursday 1 :25 PM -1 :55 PM 2 Thursdav 1 :25 PM -1 :55 PM 2 Wednesday 2:10 PM -2:40 PM 2 Wednesday 2:10 PM -2:40 PM 2 Wednesdav 2:1 O PM -2:40 PM 2 Wednesday 2:10 PM -2:40 PM 2 Fridav 12:45 PM-1:15 PM 2 Friday 12:45 PM-1:15 PM 2 Fridav 12:45 PM -1 :15 PM 2 Thursdav 1 :25 PM -1 :55 PM 2 Thursdav 1 :25 PM -1 :55 PM 2 Thursday 1 :25 PM -1 :55 PM 2 Thursday 1 :30 PM -2:00 PM 2 Thursdav 1 :30 PM -2:00 PM 2 Thursday 1 :30 PM -2:00 PM 2 Fridav 12:45 PM-1:15 PM 2 Wednesday 2:10 PM -2:40 PM 2 Thursdav 1 :30 PM -2:00 PM 2 Thursdav 1 :30 PM -2:00 PM 2 Thursdav 1 :30 PM -2:00 PM 2 Thursday 1 :30 PM -2:00 PM 2 Fridav 12:45 PM -1 :15 PM 2 Fridav 12:45 PM -1 :15 PM 2 Friday 12:45 PM - 1 :15 PM 2 Thursdav 1 :30 PM -2:00 PM 2 Thursday 1 :30 PM -2:00 PM 2 Thursdav 1 :30 PM -2:00 PM 2 TOTAL EST. HOURS PER DAY: 58 WEEKS BILLED PER WEEKLY COST PER SCHOOL YEAR SCHOOL 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 38 $200.90 Total EST. Annual Cost: COST PER SCHOOL $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,643.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $7,634.20 $229,035.00 m >< :::c: OJ ::::j N Page 142 AMENDMENT NO. 3 TO AGREEMENT FOR SCHOOL ADULT CROSSING GUARD SERVICES PATROL MASTERS PRIVATE SECURITY This Amendment No.3 is entered into and effective as of the c1+h day of March, 2017, amending the agreement dated August 25, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Patrol Masters Private Security, a corporation ("Contractor") (collectively, the "Parties"), for school adult crossing guard services. RECITALS A. The Parties desire to alter the Agreement's scope of work to add one additional intersection for crossing guard services; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, as further described in Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those additional services described in Exhibit "A," which is attached hereto and incorporated herein by this reference. 2. City will pay Contractor for all work associated with the services, described in Exhibit "A," as may have been amended from time to time, on a time and materials basis not to exceed two thousand, eight hundred twelve dollars and sixty cents ($2,812.60) for a combined contract amount not to exceed two hundred eight thousand nine hundred forty-five dollars ($208,945). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in the Agreement, as may have been amended from time to time, by August 25, 2017. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 5. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. (Remainder of Page Intentionally Left Blank) City Attorney Approved Version 1130/13 6. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR By: c:::-··-·' ·-~~ ~-~= -~ (sign here) Sammy Ahman/Director of Business Development/Quality Assurance (print name/title) By: , C-\ '---_!;; j----'L.- (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: U~KrtlLr BARBARA ENGLESON ~ City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: City Attorney Approved Version 1/30/13 2 EXHIBIT "A" SCOPEOFSER~CESANDFEE Fee: One new location at Poinsettia Ln and Melrose Dr beginning March 13, 2017 $20.09 per crossing guard hour 2 hours per location x 1 location x 5 days per week x $20.09 per hour = $ 200.90 per week. 14 weeks remaining in school year x $200.90 per week= $2,812.60. City Attorney Approved Version# 05.22.01 3 RATIFICATION OF AMENDMENT NO. 2 TO EXTEND AND AMEND AGREEMENT FOR SCHOOL ADULT CROSSING GUARD SERVICES PATROL MASTERS INCORPORATED This Ratification of Amendment No. 2 is entered into as of the /3 tf) day of October, 2016, but effective as of the 25 day of August, 2016, extending and amending the agreement dated August 25, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Patrol Masters, Incorporated, a corporation, ("Contractor") (collectively, the "Parties") for school adult crossing guard services. RECITALS A. On December 29, 2015, the Parties executed Amendment No. 1 to the Agreement to add four additional intersections for crossing guard services to the overall scope of services that Contractor was required to provide and increased Contractor's compensation from $167,953 to $189,650; and B. The Agreement, as amended from time to time, expired on August 25, 2016 and Contractor continued to work and performed services specified therein without the benefit of an agreement; and C. The Parties desire to continue the scope of services, as amended, for another year term from August 25, 2016 to August 25, 2017; and D. The Parties have negotiated and agreed to a revised fee schedule, which is attached to and incorporated herein by this reference as Exhibit "B", Fee Schedule. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The retroactive extension and amendment of the Agreement is ratified. 2. Contractor will continue to provide those services contained in the Agreement and Amendment No. 1, With this ratification to extend and amend, the total annual Agreement amount shall not exceed two hundred six thousand one hundred thirty-two dollars and forty cents ($206, 132.40). 3. City will pay Contractor for all work associated with those services described herein on a time and materials basis, not-to-exceed two hundred six thousand one hundred thirty-two dollars and forty cents ($206, 132.40). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 5. The Agreement, as amended, is hereby extended for another year, beginning on August 25, 2016 and concluding on August 25, 2017. City Attorney Approved Version 1/30/13 6. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 7. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 2 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CONTRACTOR By: (sign here) Sammy Ahmad/Director of Business Development/Quality Assurance (print name/title) By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: ATTEST: '.J~K TiLm~>0~ BARBARA ENGLESON LJ City Clerk If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 EXHIBIT "A" SCOPE OF SERVICES GENERAL Contractor shall provide capable and reliable Adult Crossing Guards to assist elementary school pedestrians in crossing the street by providing gaps in traffic at school crossings where an engineering study has shown that adequate gaps need to be created, and where authorized by law. NOTIFICATION PROCEDURE Contractor shall act to insure an Adult Crossing Guard is present at all designated locations every day the associated school is in session. Contractor shall have in place a notification system for regular guards to use in order to report to the Contractor if they will be absent from their posts. In all cases, the Contractor shall assume responsibility that every post is manned at the predetermined times as set forth by this contract. RECRUITING PLAN Contractor shall establish and maintain a recruiting plan that will assure fully qualified backup guards are available for each position designated by this contract. APPLICANT SCREENING Contractor shall pre-screen applicants to determine the applicants' qualifications and suitability for the position. Applicants considered acceptable must be fingerprinted at the Carlsbad Police Department for a criminal history check through the FBI National Crime Information Center; State of California, Department of Justice including the Child Abuse Central Index. Applicants deemed to be unacceptable by the Chief of Police or his designee shall not be assigned by the Contractor as an Adult Crossing Guard. City shall accept or reject applicants for Adult Crossing Guard within a reasonable time after the applicant has been fingerprinted. Contractor shall be notified as to any person who did not meet the screening standards. TRAINING Contractor shall fully train each Adult Crossing Guard prior to a guard assuming their duties. Training standards shall be approved by the Chief of Police or his designee and shall include instruction on holding a hand held stop sign, where to stand while children cross, wearing of a reflective safety vest, use of any other issued equipment, and the procedures for reporting safety violations and actions to be taken in the event of an accident. EQUIPMENT The Contractor shall provide a safety vest or jacket and hand held stop sigh for use by each Adult Crossing Guard. The safety vest or Jacket will meet or exceed the most current American National Standard Institute or ANSI rating for traffic control. COMPENSATION Contractor shall comply with all state and federal requirements regarding payroll taxes, minimum wage, workers' compensation, unemployment compensation insurance, and fair employment practices. Additionally, Contractor shall handle all payroll responsibilities and be responsible for 8 all workers' compensation claims presented by any employee hired by the Contractor as an Adult Crossing Guard. City shall pay Contractor in accordance with the terms of this contract. Contractor shall submit invoices monthly that state the hours worked at each location. City shall have the right to verify the hours worked prior to payment. Payments will be made in accordance with RFB 15-09 based on a rate of $20.09 per hour per guard for hours actually worked. SCHOOL LIAISON Contractor shall establish a liaison with the school district(s) to monitor changes in school schedules. Contractor shall report these changes to the Chief of Police. ADULT CROSSING GUARD TIMES, DAYS, AND LOCATIONS See attached spreadsheet 9 Exhibit B -SCHEDULE HOURS BILLED WEEKS BILLED PER WEEKLY COST PER COST PER SCHOOL LOCATION REGULAR HOURS MINIMUM DAY HOURS PER SCHOOL DAY SCHOOL YEAR SCHOOL SCHOOL Aviara Oaks Elementary Ambrosia Lane/Aviara Parkway 7:45AM-8:15AM and 2:30PM-3:00PM Thursday 1 :35 PM -2:05 PM 2 38 $200.90 $7,634.20 Ambrosia Lane/Conoso Way 7:45AM-8:15AM and 2:30PM-3:00PM Thursday 1 :35 PM -2:05 PM 2 38 $200.90 $7,634.20 Buena Vista Elementary Pio Pico Drive/La Flores Drive 7:45AM -8:15AM and 2:25 PM -2:55 PM Thursday 1 :35 PM -2:05 PM 2 38 $200.90 $7,634.20 Calavera Hills Elementary ColleQe Boulevard/Tamarack Avenue 7:30AM-8:00AM and 2:20PM-2:50PM Thursday 1 :25 PM - 1 :55 PM 2 38 $200.90 $7,634.20 Carrillo Elementary Poinsettia Lane/Melrose Drive 8:15AM-8:45AM and 3:10 PM-3:40PM Wednesday 2:10PM-2:40PM 2 38 $200.90 $7,634.20 Poinsettia Lane/Paseo Escuelo 8:15AM-8:45AM and 3:10PM-3:40PM Wednesday 2:10PM-2:40PM 2 38 $200.90 $7,634.20 Poinsettia Lane/Paseo Escuelo 8:15AM-8:45AM and 3:10PM-3:40PM Wednesday 2:10 PM -2:40 PM 2 38 $200.90 $7,643.20 El Camino Creek Elementary Paseo Aliso/Calle Barcelona 7:30AM -8:00AM and 2:20 PM -2:50 PM Friday 12:45 PM-1:15PM 2 38 $200.90 $7,634.20 Paseo Aliso/Calle Barcelona 7:30AM -8:00AM and 2:20 PM -2:50 PM Friday 12:45 PM-1:15PM 2 38 $200.90 $7,634.20 Paseo Aliso/Paseo Tulipero 7:30AM -8:00AM and 2:20 PM -2:50 PM Friday 12:45 PM-1:15PM 2 38 $200.90 $7,634.20 Hope Elementary Tamarack Avenue/Carlsbad Village Drive 7:30AM -8:00AM and 2:20 PM -2:50 PM Thursday 1 :25 PM - 1 :55 PM 2 38 $200.90 $7,634.20 Tamarack Avenue/Chatham Road 7:30AM -8:00AM and 2:20 PM -2:50 PM Thursday 1 :25 PM - 1 :55 PM 2 38 $200.90 $7,634.20 Tamarack Avenue/Wilshire Avenue 7:30AM -8:00AM and 2:20 PM -2:50 PM Thursday 1 :25 PM - 1 :55 PM 2 38 $200.90 $7,634.20 Jefferson Elementary Jefferson Stree!/Carol Place 7:45AM-8:15AM and 2:35PM-3:05PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Kelly Elementary Tamarack Avenue/EI Camino Real 7:30AM -8:00AM and 2:30 PM -3:00 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Kelly Drive/ Hillside Avenue 7:30AM -8:00AM and 2:30 PM -3:00 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 La Costa Heights Elementary Levante Stree!/Romeria Street 7:30AM -8:00AM and 2:20 PM -2:50 PM Friday 12:45 PM-1:15PM 2 38 $200.90 $7,634.20 La Costa Meadows Elementary El Fuerte Stree!/Corintia Street 8:15AM-8:45AM and 3:10PM-3:40PM Wednesday 2:10 PM -2:40 PM 2 38 $200.90 $7,634.20 Magnolia Elementary Monroe Stree!/Chestnut Avenue 7:30AM -8:00AM and 2:50 PM -3:20 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Monroe Stree!/MaQnolia Avenue 7:30AM -8:00AM and 2:50 PM -3:20 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Magnolia Stree!/Valley Street 7:30AM -8:00AM and 2:50 PM -3:20 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Mission Estancia Elementary Calle Barcelona/Calle San Felipe 7:30AM -8:00AM and 2:20 PM -2:50 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Olivenhain Pioneer Elementary Calle Acervo/School Entrance Only Driveway 7:30AM -8:00AM and 2:20 PM -2:50 PM Friday 12:45 PM-1:15PM 2 38 $200.90 $7,634.20 Calle Acervo/east exit 7:30AM -8:00AM and 2:20 PM -2:50 PM Friday 12:45 PM-1:15PM 2 38 $200.90 $7,634.20 Calle Acervo/Rancho Santa Fe Road 7:30AM -8:00AM and 2:20 PM -2:50 PM Friday 12:45 PM-1:15PM 2 38 $200.90 $7,634.20 Pacific Rim Elementary Camino De Las Ondas/Hidden Valley Road 7:45AM-8:15AM and 2:35PM-3:05 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 Camino De Las Ondas/Aiderwood Drive 7:45AM-8:15AM and 2:35PM-3:05 PM Thursday 1 :30 PM -2:00 PM 2 38 $200.90 $7,634.20 TOTAL EST. HOURS PER DAY: 54 ----------------------------_____________________ __)__ _____ --------------------------- I Total EST. Annual Cost: $206,132.40 AMENDMENT NO. 1 TO AGREEMENT FOR SCHOOL ADULT CROSSING GUARD SERVICES PATROL MASTERS PRIVATE SECURITY This Amendment No.1 is entered into and effective as of the c2,q-#: day of De:.c~ev-, 20)5, amending the agreement dated August 25, 2015 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and Patrol Masters Private Security, ("Contractor") (collectively, the "Parties") for school adult crossing guard services. RECITALS A The Parties desire to alter the Agreement's scope of work to add four additional intersections for crossing guard services; and B. The Parties have negotiated and agreed to a supplemental scope of work and fee schedule, which is attached to and incorporated by this reference as Exhibit "A", Scope of Services and Fee. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. In addition to those services contained in the Agreement, as may have been amended from time to time, Contractor will provide those services described in Exhibit "A". 2. City will pay Contractor for all work associated with those services described in Exhibit "A" on a time and materials basis not-to-exceed twenty-one thousand six hundred ninety-seven dollars ($21 ,697). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 3. Contractor will complete all work described in Exhibit "A" by August 25, 2016. 4. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. City Attorney Approved Version 1/30/13 EXHIBIT "A" SCOPE OF SERVICES AND FEE See attached proposal from Patrol Masters Private Security: "Adult School Crossing Guard Services for La Costa Meadows, Carrillo & Magnolia" Fee: Four new locations $20.09 per crossing guard hour 2 hours per location x 4 locations x 5 days per week x $20.09 per hour= $803.60 per week. 27 weeks remaining in school year x $803.60 per week = $21,697 City Attorney Approved Version# 05.22.01 3 EXECUTIVE SUMMARY --~~---------=------------= BRIEF HISTORY OF OUR FIRM We have over 75 years combined military, law enforcement, and security. Our team is experienced in providing residential and commercial properties, HOA's, apartment buildings, shopping centers, industrial parks, etc., with complete security service from exceptional customer service to experienced, professional security officers. It is our firm belief that our customers and employees are our most valuable assets. We are known for our exceptional work ethics, customer service and follow through skills. We have been providing crossing guard's service for the city of Carlsbad since 2009, when the company was operating under CWP. Since 2012, we merged with Patrol Masters, our parent company. Linda Frieden, Division Manager, have been the managing supervisor for the adult crossing guards for the past 7 years, covering many of the elementary schools in the Carlsbad and Encinitas school districts. In that time she has maintained an excellent record of coverage at all of the assigned 22 locations throughout the city. She has also developed great working relationships with many of the school staff. She has had several of the schools come to her to assist in filling noon duty and other low hour positions that have proved to be a win-win for both the school and the crossing guard programs, keeping familiar faces at school and at intersections that the children recognize and trust. She is very proactive when it comes to responding to community concerns. She follows up as soon as possible, usually within hours of receiving the information. She collaborates with the Carlsbad Police Department's traffic division to help maintain a safe environment around the schools by reporting directly to Sgt. Reyes any violations or safety concerns from drivers around the schools sites. Linda has 17 years of experience in school crossing guard supervision, that a program like this is successful because of the dedication of the contracting company, Patrol Masters, to have a full-time manager and field supervisor. Many contracting companies feel that once they hire crossing guards that the contract runs itself, that is where companies fail to provide the services to the quality that you have now. There were companies that were contracted that did not provide substitutes when the guards called in sick, there was no full-time dedicated supervisor or manager that the crossing guards could call on at any time for assistance with questions or coverage, there was no field supervisor to go out and observe the guards to make sure that safety measures were being maintained throughout the year. We found that some of the equipment being used was not MUTCD approved for crossing guards and m'ade sure that they were brought into and have remained in compliance. The field officer also makes periodic checks to ensure that all guards are arriving on time to provide the services needed to keep the children safe. We host an annual meeting where we invite the traffic officers assigned to schools, the Lieutenant of the Traffic Division, all the current crossing guards and substitute crossing guards. We all come together and discuss the various duties of their jobs and how we can all work together to ensure the safety of the children. WHAT WE EMPLOY IN ORDER TO ASSURE HIGH QUALITY OF SERVICE --=--=--=----------------==----=-=----=--- We interview, employ and train the most motivated and self-confident individuals; we have systems in place to check employee performance while on duty. We track and evaluate officer's reports, uniform standards, client input, and supervisor's field inspection reports. Corporate Office: 1651 e. 4™, Santa Ana. CA 92701 Temecula Office: 28441 Rancho California Rd #105 Temecula. CA 92590 Coachella Office: 42-900 Lago Vista -Indio. CA 92203- • PH: 877-648-0602 • 714-648-0842 Fax www.patrolmasters.com 4 AGREEMENT FOR SCHOOL ADULT CROSSING GUARD SERVICES PATROL MASTERS PRIVATE SECURITY THIS AGREEMENT is made and entered into as of the day of n\XAU.SV , 20AS. by and between the CITY OF CARLSBAD, a municipal poratio'h, ("( AGF corporatiofi, ("City"), and Patrol Masters Private Security, a corporation ("Contractor"). RECITALS A. City requires the professional services of a school adult crossing guard services contractor that Is experienced in crossing guard services. B. Contractor has the necessary experience in providing professional services and advice related to school adult crossing guard services. C. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is Incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of one year from the date first above written. The City Manager may amend the Agreement to extend it for three additional one year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed one hundred sixty-seven thousand nine hundred fifty-three dollars ($167,953). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified In Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 4/1/15 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary In the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination ofthis Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VH"; OR City Attorney Approved Version 4/1/15 1^' with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coveraae and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate. Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liabilitv Insurance. $2,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liabilitv. (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Emplover's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to City Attorney Approved Version 4/1/15 f—If obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will 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 under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Fiona Everett Name Sammy Ahmad Director of Business Title Senior Management Analyst Title Development/Quality Assurance Department Police Address 1651 E. 4*^ St. Suite 150 City of Carlsbad Santa Ana, CA 92701 Address 2560 Orion Way Phone No. (877)648-0602 Carlsbad, CA 92010 Email sammyahmad@patrolmasters.com Phone No. 760-931-2279 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. City Attorney Approved Version 4/1/15 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in ali four categories. 17. GENERAL COMPUANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be fonwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained Is unsatisfactory to the aggrieved party, a letter outlining the disputes will be fonwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee 6 City Attorney Approved Version 4/1/15 payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty. City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or othenwise recover, the full amount ofthe fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not In anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue In these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. City Attorney Approved Version 4/1/15 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) \ Sammy Ahmad, Director of Business Development/Quality Assurance (print name/title) By: (sign here) (print name/title) By: h/iatt Hall , - _ Jl Mayor or-Divioion Director aa authorized by •the City Manager)]' ATTEST: BARBARA ENGLESON City Clerk If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups. Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWik^tty^ttorney /o City Attorney Approved Version 4/1/15 EXHIBIT "A" SCOPE OF SERVICES GENERAL Contractor shall provide capable and reliable Adult Crossing Guards to assist elementary school pedestrians in crossing the street by providing gaps in traffic at school crossings where an engineering study has shown that adequate gaps need to be created, and where authorized by law. NOTIFICATION PROCEDURE Contractor shall act to insure an Adult Crossing Guard is present at all designated locations every day the associated school is in session. Contractor shall have in place a notification system for regular guards to use in order to report to the Contractor if they will be absent from their posts. In all cases, the Contractor shall assume responsibility that every post is manned at the predetermined times as set forth by this contract. RECRUITING PLAN Contractor shall establish and maintain a recruiting plan that will assure fully qualified backup guards are available for each position designated by this contract. APPLICANT SCREENING Contractor shall pre-screen applicants to determine the applicants' qualifications and suitability for the position. Applicants considered acceptable must be fingerprinted at the Carlsbad Police Department for a criminal history check through the FBI National Crime Information Center; State of California, Department of Justice including the Child Abuse Central Index. Applicants deemed to be unacceptable by the Chief of Police or his designee shall not be assigned by the Contractor as an Adult Crossing Guard. City shall accept or reject applicants for Adult Crossing Guard within a reasonable time after the applicant has been fingerprinted. Contractor shall be notified as to any person who did not meet the screening standards. TRAINING Contractor shall fully train each Adult Crossing Guard prior to a guard assuming their duties. Training standards shall be approved by the Chief of Police or his designee and shall include instruction on holding a hand held stop sign, where to stand while children cross, wearing of a reflective safety vest, use of any other issued equipment, and the procedures for reporting safety violations and actions to be taken in the event of an accident. EQUIPMENT The Contractor shall provide a safety vest or jacket and hand held stop sigh for use by each Adult Crossing Guard. The safety vest or Jacket will meet or exceed the most current American National Standard Institute or ANSI rating for traffic control. COMPENSATION Contractor shall comply with all state and federal requirements regarding payroll taxes, minimum wage, workers' compensation, unemployment compensation insurance, and fair employment practices. Additionally, Contractor shall handle all payroll responsibilities and be City Attorney Approved Version 4/1/15 responsible for all workers' compensation claims presented by any employee hired by the Contractor as an Adult Crossing Guard. City shall pay Contractor in accordance with the terms of this contract. Contractor shall submit invoices monthly that state the hours worked at each location. City shall have the right to verify the hours worked prior to payment. Payments will be made in accordance with RFB 15-09 based on a rate of $20.09 per hour per guard for hours actually worked. SCHOOL LIAISON Contractor shall establish a liaison with the school district(s) to monitor changes in school schedules. Contractor shall report these changes to the Chief of Police. ADULT CROSSING GUARD TIMES, DAYS, AND LOCATIONS See attached spreadsheet City Attorney Approved Version 4/1/15 a: _l ^ -I -I mo UJ Q DQ O <n X X o D OT o a X UJ Q. 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TO « O x: o c TO CC O 00 CO Q- O o Q- O CO TO 12 Q- in o CO in CO (Si T3 c TO < m < m •"I-r^: T3 TO o cc c ffi T3 TO TD ffi Q o c E TO O fl c ffi E ffi UJ E E o u TO Q- 00 CO TO •o 2 Q-m o Q- in CO (Si T3 c TO < in < m r~: T3 o o ffi TD 5 Q (x: UJ 0. o X TO •o ffi Q o c E TO o WAIVER OF NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF _ . PATHOL PATROL MASTERS, INC. MMSTESS The undersigned, being all the Directors of PATROL MASTERS, INC., do hereby waive notice, and consent to, Special Meeting of the Directors of PATROL MASTERS, INC , as set bellow. We further agree and consent that any and all lawful business may be transacted at such meeting or at any adjournment or adjournments thereof as may be deemed advisable by the Directors. Any business transacted at such meeting or at any adjournment or adjournments thereof shall be as valid and legal and of the same force and effect as if such meeting or adjourned meeting were held after notice. Time: 5:00 pm Date: August 17, 2015 Place: 1651 E. Fourth Street, Suite 150, Santa Ana CA 92701. Dated sjilj^'^'iS C^c^t^^ L ANDREW AHMAD, Director Corporate Office- 1651 E 4'^'. Ste 150, Sanla Arja, CA 92nil Ternecula Office: 28441 Rancho Califomia Rd #105 Temecula. C.& i Coachella Office, Indio. CA S2203 PTi 877-548.0602 • 714-648-0,?42 Fa.^, MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS OF PATROL MASTERS. INC. The Special Meeting of the Board of Directors of PATROL MASTERS, INC., was held as follows: Time: 5:00 pm Date: August 17, 2015 Place: 1651 E. Fourth Street, Suite 150, Santa Ana CA 92701 BOARD MEMEBRS PRESENT The following Board Members were present at the meeting: ANDREW AHMAD ALSO PRESENT SAMIR AHMAD NOTICE OF MEETING The Chairman called the meeting to order and announced that the meeting was held pursuant to written waiver of notice and consent to holding of the meeting. The waiver and consent was presented to the meeting, and, on motion duly made, seconded, and unanimously carried, was made part of record of this meeting. AUTHORIZATION TO BIND CORPORATION The Board then considered giving authority to Samir Ahmad to transact business on behalf of the corporation with the City of Carlsbad and to enter into agreements on behalf of the corporation with the City of Carlsbad and authority to bind the corporation. Upon motion duly made seconded and unanimously carried, the following resolution was adopted: RESOLVED THAT: Samir Ahmad is hereby authorized to transact business on behalf of the Corporation with the City of Carisbad; and to enter into contracts and bind the Corporation in business transactions with the City of Carisbad. ADJOURNMENT There being no further business to come before the meeting, upon motion duly made, seconded and unanimously carried, the meeting was adjourned. ASIDREW AHMAD, Secretary DATE < .itporase Office; 1651 E 4^". Ste, 150, Santa Atia CA 92'/01 t,trieci,jtr» Office 28441 Rancho California Rd #105 Temecula, CA 92590 Coachella Office: Indio CA 92203 Ph: 877-648-0602 • 714-648-0842 Fax . _ www.patrolmasters.com /