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HomeMy WebLinkAbout2007-08-07; City Council; 19113; School Crossig Guard ContractCITY OF CARLSBAD - AGENDA BILL 1 AB# MTG. DEPT. 19,113 8/7/07 POL TITLE: APPROVAL OF CONTRACT FOR SCHOOL ADULT CROSSING GUARD SERVICES AND APPROPRIATION THEREFORE DEPT. HEAD {_ CITY ATTY. CITYMGR. RECOMMENDED ACTION: Adopt Resolution No. 2007-202 authorizing the Mayor to approve an agreement and appropriate additional funds for school adult crossing guard services with Four Star Private Patrol Inc. ITEM EXPLANATION: The City has provided school adult crossing guard service at several area schools under the supervision of the Police Department since 2000. This service covers twenty locations at twelve elementary schools throughout the City. Because of the increasing amount of staff time involved in the management and staffing of school adult crossing guards, the City has a need to again contract for this service. Prior to 2000, this service was provided by a contract staffing provider who chose not to renew their contract with the City. Until lately no outside contractors have been interested in providing this service. However, recently Good People Employment Services, Four Star Private Patrol Inc., and US Security Associates expressed an interest in providing school adult crossing guard services for the City and submitted bids for consideration (Bid Number 07-18). Using formal bidding procedures as specified in Section 3.28.050 CMC, Four Star Private Patrol Inc. is recommended as the best value for the city because of their cost, previous performance and references, ability to perform services, and unspecified value added offerings. The contract is for a one-year period, with the option for the City Manager to renew for three additional one-year periods. FISCAL IMPACT: The estimated cost of the school adult crossing guard services is $155,610. Funds totaling $128,000 was originally appropriated in the Police Department budget. An additional $27,610 is requested from the council contingency account. ENVIRONMENTAL IMPACT: None. EXHIBITS: 1.Resolution No.2007-202 2. Agreement DEPARTMENT CONTACT: Don Rawson (760) 931-2208 draws@ci.carlsbad.ca.us FOR CITY CLERKS USE ONL Y. / COUNCIL ACTION: APPROVED W CONTINUED TO DATE SPECIFIC D DENIED D CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER - SEE MINUTES D AMENDED D Page 2 1 RESOLUTION NO. 2007-202 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A BID AND 3 AUTHORIZING THE EXECUTION OF AN AGREEMENT, 4 APPROPRIATION THEREFORE 5 WHEREAS, the City of Carlsbad requires the services of a school adult crossing 6 guard contractor, and; 7 WHEREAS, proper bidding procedures have resulted in the receipt of a bid from8 9 a qualified contractor; 10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 11 Carlsbad, California, as follows: 12 1. That the above recitations are true and correct. 2. The bid of Four Star Private Patrol Inc., 28441 Rancho California Road, 14 Temecula, CA 92590 is hereby accepted. 15 3. The Mayor of the City of Carlsbad is hereby authorized and directed to execute a contract for these services, a copy of which is attached hereto, for 18 and on behalf of the City of Carlsbad for the period of one year with the option 19 for the City Manager to renew for three one-year additional periods to allow 20 for re-bidding, with revised contract prices set by mutual agreement. 21 4. The Purchasing Officer is hereby authorized and directed to issue a 22 purchase order for school adult crossing guard services. 23 5. The City Council hereby appropriates $27,610 from the Council 24 contingency account to the police department traffic division for school adult crossing guard services. 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 7th day of August, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ayor ATTEST: RRAIN^lVI. WOO&jDity Clerk' ^V 7- AGREEMENT FOR SCHOOL ADULT CROSSING GUARD SERVICES (Four Star Private Patrol Inc.) THIS AGREEMENT is made and entered into as of the o day of U^UwLSt- 2007 , by and between the CITY OF CARLSBAD, a municipal corporation^ ("City"), and Four Star Private Patrol Inc., a Corporation, ("Contractor"). RECITALS A. City requires the professional services of a School Adult Crossing Guard Contractor that is experienced in School Adult Crossing Guard Services. B. Contractor has the necessary experience in providing professional services and advice related to School Adult Crossing Guard Services. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. 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 (1) year from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof in an amount not to exceed one hundred fifty five thousand six hundred and ten dollars ($155,610) per Agreement year. 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. City Attorney Approved Version #11.28.06 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will be one hundred fifty five thousand six hundred and ten dollars ($155,610). 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". 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. City Attorney Approved Version #11.28.06 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 of this 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-:V". 10.1 Coverage's and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney 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. 10.1.1 Commercial General Liability Insurance. $1.000.000 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 Liability (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 Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability City Attorney Approved Version #11.28.06 3 7 limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 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 General Liability. 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 coverage's. Contractor is responsible for any payments made by City to 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 anytime, 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. City Attorney Approved Version #11.28.06 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 notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Name Don Rawson Name Larry Howard Title Lieutenant Title Four Star Private Patrol Senior Department Police Vice President Chief of Operations City of Carlsbad Address 28441 Rancho California Road Address 2560 Orion Way Temecula CA 92590 Carlsbad CA 92008 Phone No. (951)695-4245 Phone No. (760)931-2208 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. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, City Attorney Approved Version #11.28.06 agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE 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 that the services 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 forwarded 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 forwarded 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. City Attorney Approved Version #11.28.06 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 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 otherwise recover, the full amount of the 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 et 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 City Attorney Approved Version #11.28.06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. I,On Date personally appeared , before me, ( and Title of Officer (e.g., "Jane Doe blic") SUZANNE PARU MEYER Commlttton #1493590 Notcny PuMc -Ccrilfcxnla San Dtogo County MyComm. Expfew Jun30.2008 Name(s) of Signer(s) D/personally known to me M proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand ancLofficial seal. \ I 1 Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docj< Title or Type of Document: Document Date:_ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: LMtV/frfll D Individual ^a. Corporate Officer — Title(s): E Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: I / '{/ ) RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: © 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toil-Free 1 -800-876-6827 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 to report to the Contractor if they will be absent from their posts. In all cases, 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 City shall provide Contractor with written qualifications for Adult Crossing Guards. 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 State of California, Department of Justice. Applicants deemed to be unacceptable by the Chief of Police 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. Upon request, the reason for rejection shall be disclosed to Contractor. Contractor shall not disclose such reasons to any person other than applicant. City Attorney Approved Version #04.01.02 10 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 and shall include instruction on holding a hand held stop sign, where to stand while children cross, wearing of a 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. City shall provide a safety vest or jacket and hand held stop sigh for use by each Adult Crossing Guard. COMPENSATION Contractor shall comply with all state and federal requirements regard payroll taxes, minimum wage, workers' compensation, unemployment compensation insurance, and fair employment practices. Additionally, Contractor shall handle all payroll responsibilities and be 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. 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 Attached excel spreadsheet City Attorney Approved Version #04.01.02 11 LJJ ^CL CC _j ^ _J _l5 o a <LU D s8(/) XCC UD WO K.X UJQ. ioX Q S=>s zs %. ID OL ^D UJ LOCATIONSCHOOLCOCO CM ^CL OO CM i CL oCO CC a. K ^CL OO CO 2CL OCO CM 73 CCO 2 o CM CO 2 oin ^Ambrosia Lane/Aviara Parkwayaks ElementaryO CO .2> < COCO CM ^0- oo CM i CL OCO T~>*CC 1 SIt- 5 CL OO CO 2Q, O CO CM -Q CCO 2 o CM CO 2 oin ^Ambrosia Lane/Conoso WayCOCO CM 2CLino CM• CL inCO T~>*CO73 " ^Q. min CM 2Q_to <N eg ~ocCO2 m 00 2 in ^ dj E tnCD o LL CO 1 Q 8b_o CL sta Elementary> COc01 03 ooCO CN ^CL in,- > CL CM CO13 K 2 CL Oin CM 2CL oCM CM -Q CCO 2 oo CO 2 oCO 01 College Boulevard/Tamarack Aver?Hills Elemental2o CO COO 00CO CM 0- Tt T~ 20- m••a- c\^~>> CO73 LL 2CL Oin CM 5 CL OCM CM -QCCO 2 o 0 00 2 oCO Paseo Aliso/Calle Barcelonafr 3 o Creek Elemeic I COO UJ COCO CM CL '. .T~ 2CLin^~ CN ^~ CO73 LL 2 CL Oin CM s 0_ oCN CM •£) Cro 2 oo CO 2 oCO Paseo Aliso/Paseo TuliperoCOCO CM ^CLm ,- ' CL mCM ro73 3SI 2CL oin CM 2CL OCM CM 73CCO 2 oo CO 2 oCO 01.2 Q CD Tamarack Avenue/Carlsbad Villag>CO t: .£UJ £o X ooCO CM 2 Q_ in ,-i 20. mCN CO73Ifl SIH 2CL oin CM 2 CL OCN CM -Q Cro 2 oo CO 2 oCO Tamarack Avenue/Chatham RoadCOCO CM 20. m ,- i 5Q. inCM ro73 sz h- ^CL Oin CM 5 0. oCN CM 73Cro | oo CO 2 oCO 01 Tamarack Avenue/Wilshire Avenu00CO CM 5 CL oo CM i Q- OCO CC 1 h- ^CL ino CO 2CL inCO CM 73 CCO 2 in CO 2 in h-Jefferson Street/Carol Placei Elementaryk.o l> CD 00CO CM 5 CL Oo CM1 CL OCO CO I/] 1- s CL Op CO 2Q_ oCO CN -Q Cro 2 op CO 2 0CO r"~| Tamarack Avenue/El Camino Rea&CO c01 01 UJ .> 01^ 00CO CM 0- m TT ^50- in^f c\^~ CC LL 2 CL Oin CM 5 D. OCM CM -QCro 2 oo CO 5 oCO ^Levante Street/Romeria Street£, Sc Heights ElemeCO 01oO (0 COCO CM ^_ CL 0o CM1 Q. oCO CO73ifl h- 2CL oc\ CO 5 CL Oin CN 73dro 5 0o CO 2 oCO *""Monroe Street/Chestnut AvenueElementary_co "5 01COS 00CO CM 2 0. oo CM '20. oCO CC 1 SI ^CL OCM CO 2 CL 0in CM 73Cro 2 op 00 2 0CO """I Monroe Street/Magnolia AvenueCOCO CM CL in '. ( CL in^" cs^~ CC 73 LL 5 CL Oin c\ 5 CL OCM CM 73Cro | oo CO 2 oCO ^1 Calle Barcelona/Calle San Felipe£, C Estancia Elemeco « ._S COCO CM CL in ( Q. in"*f CMT~ CC 73 LL 2 CL Oin CM S CL OCM CM 73CCO 1 oo CO 2 oCO ^1 Calle Acervo/east exitc 1 1 in Pioneer ElenCO c01 ^O COCO CM CLin"•. ^~ CL in ^c\^~ CC73 LL 5 CL Oin CN 2 CL OCM CM 73CCO 2 op CO 2 oCO ^ CO | Calle Acervo/Rancho Santa Fe RoCOCO O] 5 CLoo CM ' CL OCO ro73 SI h- 2 CL ino CO ^CL inCO CN 73CCO 1 in CO 2 in•f "^ 73 SCC>,^| Camino De Las Ondas/Hidden Valim ElementaryC£o ituCO Q. OOCO CM ^CL O O CM ' CL OCO CC 1 SIt- 2 CL ino CO 5 CL inCO CM 73CCO 1 m CO 2 in ^ CD •cQ | Camino De Las Ondas/AlderwoodooCO T: "nc "cro CM CC QCO 1 Poinsettia Lane/Mica Roada Elementary£0V)c oQ. 00CO 3ac "croCN QP QCQ P 1 Poinsettia Lane/Alicante Road00n > act: UJOL (/]Ct O HCOUJ_J1 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS 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 or 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. 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. \m r&^-f ^" • ,. V j^\ fo» > c*—rr *N (print name/title) ^oj'cp @ "• yVjowL_c*cn-^^vft *^ ATTEST: (e-mail address)t *By: (sign here) (print name/title) (e-mail address) ORRAINB M. W0 City Clerk 8 City Attorney Approved Version #11.28.06 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. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: &ALL, City Attorney Deputy City Attorney City Attorney Approved Version #04.01.02 (08/07/2607) Marilyn Strong - Fwd: Re: Crossing Guard Update > . .-.•-.«:,•:•-'. ~,.--^,!.>v^.;..^A1^^g^^^ Page1 From: Don Rawson To: Lisa Hildabrand; Ray Patchett; Tom Zoll CC: Marilyn Strong; Mike Shipley; Suzie Meyer Date: 08/07/2007 3:12 PM Subject: Fwd: Re: Crossing Guard Update Ms. Gee's response. >» <vballqee@aol.com> 08/07/2007 2:06 PM >» Lt. Don, All Receive For the Information of the: CITY COUNCIL Asst. CM I^CAJ^C Thank you.? You have satisfactorily answered my concerns.? I am pleased that the existing crossing guards may continue if they like and that the dept. has studied this issue for some time. It is difficult to understand the details of decisions, when so little information is provided in the Council Agenda.? This is true of almost all the items, not specific to yours. Thank you for your time and best wishes. Dee Ann —Original Message— From: Don Rawson <draws@ci.carlsbad.ca.us> To: vballgee@aol.com Sent: Tue, 7 Aug 2007 12:46 pm Subject: Crossing Guard Update AUG 7 2007 CITY OF CARLSBAD CITY CLERK'S OFFICE Dear Ms. Gee, In case you had further questions, I would like to clarify a few points regarding tonight's proposed acceptance and funding for the school adult crossing guard contract by Council. Until recently, school adult crossing guard services have been provided by a contractor for the past 17+ years, although overall management of the program has always rested with the police department. It was just recently we took over the "day-to-day" details of the program until a new contractor could be selected. Until lately no outside contractors have been interested in providing this service. However, this year three vendors expressed an interest in providing the program and Four Star Private Patrol was selected as the recommended contractor through a formal bidding process. I agree with you that the close relationships our current guards have established between the parents, students, and schools is critical for a safe and successful program, and I am pleased that Four Star will retain all of the (08/0772007) Marilyn Strong -Fwd: Re: Crossing Guard Update Page 2V . • * ......*....,•>. ,A,..M. . Y . , . ' -• ^^^..^^.^..^^.^^.v^..,^. ^..*^ .<::« ,• ~ . , . ~ >, , •' •. . *» .... crossing guards at their current positions for this very reason. Regarding the appearance of a higher cost to the city by having a contractor manage this program, the actually result will be an overall fiscal savings to the taxpayers in terms of cost reduction in police staff time. Again, if I may of further assistance please feel free to contact me at (760) 931-2208. Sincerely, Lt. Don Rawson AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. For Infcnri.i'ion ot,.C:ty Council CA CM </ CC t<_. , Date «.|l(61 Asst City Mgr. (/-From: Don Rawson To: Lisa Hildabrand CC: Ray Patchett; Tom Zoll Date: 08/07/2007 10:58 AM Subject: Crossing Guard History According to Lynn Diamond, the police department has been providing the school adult crossing guard program on a contract basis for the entire 17 years she has been with the city. It was not until recently, when the previous contractor chose not to renew the contract that police staff took over the "day-to-day" management of the program until a new contractor could be selected. Until lately no outside contractors have been interested in providing this service. However, this year three vendors expressed an interest in providing the program and Four Star Private Patrol was selected as the recommended contractor through a formal bid process. The cost of the crossing guards has been funded 100% througji tfie police department's budget since the program started. This is the part when organizational memory is fuzzy - neither Lynn Diamond (17 years), myself (27 years), or Captain Mike Shipley (31 years) remember the actually "start" date of the program or how the funding was decided at the program's conception. So, to our memory, there has never been any cost sharing between the City and the School District for this service. Please let me know if I can provide any further help. Don AUG 7 2007 From: To: Date: Subject: Dear Ms. Gee, Don Rawson vballgee@aol.com 08/07/2007 12:46 PM Crossing Guard Update In case you had further questions, I would like to clarify a few points regarding tonight's proposed acceptance and funding for the school adult crossing guard contract by Council. Until recently, school adult crossing guard services have been provided by a contractor for the past 17+ years, although overall management of the program has always rested with the police department. It was just recently we took over the "day-to-day" details of the program until a new contractor could be selected. Until lately no outside contractors have been interested in providing this service. However, this year three vendors expressed an interest in providing the program and Four Star Private Patrol was selected as the recommended contractor through a formal bidding process. I agree with you that the close relationships our current guards have established between the parents, students, and schools is critical for a safe and successful program, and I am pleased that Four Star will retain all of the crossing guards at their current positions for this very reason. Regarding the appearance of a higher cost to the city by having a contractor manage this program, the actually result will be an overall fiscal savings to the taxpayers in terms of cost reduction in police staff time. Again, if I may of further assistance please feel free to contact me at (760) 931-2208. Sincerely, Lt. Don Rawson RECSEDWLE AUG CITYOCITYCL 7 2007 F CARLSBADERK'S OFFICE I * cc"