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Home My WebLink About2023-06-13; City Council; ; Accepting Bid and Approving an Agreement with Patrol Masters Security Services Inc.CA Review ___AF___ Meeting Date: June 13, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Amanda Baker, Management Analyst amanda.baker@carlsbadca.gov, 442-339-5054 Alonso DeVelasco, Lieutenant, Traffic Division alonso.develasco@carlsbadca.gov, 442-339-5578 Subject: Accepting Bid and Approving an Agreement with Patrol Masters Security Services Inc. District: All Recommended Action Adopt a resolution accepting a bid and approving an agreement with Patrol Masters Security Services Inc. for school adult crossing guard services and authorizing the Deputy City Manager, Administrative Services, to increase fiscal year appropriations for the agreement by $35,299. Executive Summary The city has provided school crossing guard services at several area schools under the supervision of the Police Department for over twenty years. This service covers 36 locations at 17 elementary and middle schools throughout the city. The current agreement expires on June 30, 2023. Following a formal bidding process, staff have selected Patrol Masters Security Services, Inc. as the best value for the city due to its price, previous performance and references, responsiveness to scope of services and years of experience. The new agreement is for a one-year period to begin on July 1, 2023. There is an option for the City Manager to renew for four additional one-year periods. Carlsbad Municipal Code 3.28.060(D)(5) requires the City ’s approval for the procurement of services that will cost the city more than $100,000 per agreement year. Explanation & Analysis The public engagement conducted for the Police Department’s 2022-2025 Strategic Plan showed the community’s desires for law enforcement to focus on the safety of Carlsbad’s streets for everyone who uses them, and the safety of students traveling to and from school is of the utmost importance to the city and Police Department. School adult crossing guard services help students get to and from school safely every day and are part of the city’s ongoing emergency efforts to make Carlsbad’s streets as safe as possible. June 13, 2023 Item #5 Page 1 of 16 The city has crossing guards helping children and parents at dedicated locations in the mornings before school starts and in the afternoon after school lets out, and the guards adjust their schedules during minimum days. A full list of all locations and hours is provided as Exhibit 2. Staff advertised a request for bids for a new agreement on Feb. 16, 2023, and received three bids on March 16, 2023. After completing a best value evaluation, staff selected Patrol Masters Security Services Inc. as the best value for the city due to its price, previous performance, references and years of experience. Patrol Masters has provided crossing guards throughout the city since 2012. Since 2019, it has been operating under a one-year contract that was extended for an additional four years. During this time, the vendor provided professional and reliable services. The city’s Traffic Engineering Division of Public Works evaluates school locations based on criteria contained in the California Manual on Uniform Traffic Control Devices. Section 7D.02 - Adult Crossing Guards stating that “Adult Crossing Guards may be assigned at designated school crossings to assist school pedestrians at specified hours when going to or from school”. Over the years, due to city growth and new schools being built, crossing guard locations have been added and times have been extended. In response to community requests, the Police Department expanded the program last year to cover both Aviara Oaks and Calavera Hills middle school. The department had previously added coverage at Valley Middle School. The cost of the contract includes applicant screening, training, and equipment for the crossing guards. Fiscal Analysis The vendor will bill the city at a rate of $29.99 per hour per location for 38 weeks of the school year. The total cost for the fiscal year 2023-24 contract is $472,942. Historically the term for this service was from October of one year to September of the following year. To align the contract period with the city's fiscal year cycle, staff extended the contract with Patrol Masters until the end of the fiscal year, on June 30, 2023. The cost of that contract extension was $380,829. The shortened contract term of eight months and nine days resulted in a savings of $24,291 from what had been budgeted. The Police Department requested $413,952 for the crossing guard contract for fiscal year 2023- 24. The services were out to bid at the time the budget was submitted, so the full amount of the new contract was unknown. An additional $35,299 of appropriations is needed to fully fund the contract. This increase is due to an increase in the hourly rate by the contractor from the previous contract as well as the cost of extending crossing guard service to middle schools. This amount, if approved, will be carried forward into the budget for fiscal year 2023-24 to pay for this service in the coming fiscal year. June 13, 2023 Item #5 Page 2 of 16 Breakdown of costs New contract $472,942 Fiscal year 2023-24 appropriation -$413,352 Savings from previous contract -$24,291 Additional appropriations needed $35,299 Options Staff provide the following options for the City Council’s consideration: 1. Accept the bid from Patrol Masters Security Services, Inc. and award the crossing guard contract in an amount not to exceed $472, 942 Pros • Patrol Masters was the lowest responsible and responsive bidder and has provided consistently reliable school crossing guard services to the city since 2019 • Crossing guard services will continue without interruption Cons • None identified 2. Reject Patrol Masters’ bid and re-issue the bid solicitation Pros • None identified Cons • Could cause delay in providing crossing guard services • Expected to higher bids and increased contract cost • Likely to require a larger additional funding appropriation Staff recommend Option 1. Next Steps With the City Council’s approval, staff will carry out the rest of the purchasing process so crossing guard services will continue at local schools without interruption. Environmental Evaluation This action does not constitute a project within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. Exhibits 1. City Council resolution 2. Crossing guard school sites list June 13, 2023 Item #5 Page 3 of 16 RESOLUTION NO. 2023-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A BID AND APPROVING AN AGREEMENT WITH PATROL MASTERS SECURITY SERVICES INC. FOR SCHOOL ADULT CROSSING GUARD SERVICES AND AUTHORIZING THE DEPUTY CITY MANAGER, ADMINISTRATIVE SERVICES, TO INCREASE FISCAL YEAR 2022-23 APPROPRIATIONS FOR THE AGREEMENT BY $35,299 WHEREAS, the City Council of the City of Carlsbad, California has determined that it is in the public's best interest to authorize the Police Department to accept a bid and enter into a one-year agreement with Patrol Masters Security Services Inc. for school adult crossing guard services; and WHEREAS, there are 36 locations at 17 elementary and middle schools throughout the city; and WHEREAS, the crossing guards will be present at their dedicated locations in the mornings during school starting hours and in the afternoons during school release hours; and WHEREAS, the crossing guards will adjust their schedules for minimum days; WHEREAS, the $472,942 cost of the agreement includes applicant screening, training and equipment for the crossing guards; and WHEREAS, Patrol Masters Security Services, Inc. was selected following a formal bidding process; and WHEREAS, the bid of Patrol Master Security Services, Inc. 1651 E. 4th St., Suite 150, Santa Ana, CA 92701 is hereby accepted; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the Mayor is hereby authorized to execute the one-year agreement with Patrol Masters Security Services, Inc. for school adult crossing guard services (Attachment A). 3.That the City Manager is hereby authorized to execute four additional one-year amendments to the contract. 4.The amount of the one-year agreement will not exceed $472,942.30. 5.That the Deputy City Manager, Administrative Services, is authorized to increase fiscal year 2022-23 General Fund appropriations by $35,299. Exhibit 1 June 13, 2023 Item #5 Page 4 of 16 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 13th day of June, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BLACKBURN, Mayor L , SHERRY�lerkrr-{SEAL) June 13, 2023 Item #5 Page 5 of 16 DocuSign Envelope ID: 388C2C74-8DAC-4959-87F6-BDE9954A6F60 Attachment A AGREEMENT FOR SCHOOL ADULT CROSSING GUARD SERVICES PATROL MASTERS SECURITY SERVICES, INC. THI~ AGREEMENT is made and entered into as of the \ c;~ day of ..}\\'I\L , 20 l,3,, by and between the City of Carlsbad, California, a municipal corporation, ("City"), and Patrol Masters Security Services, a corporation, ("Contractor"). RECITALS A. On February 16, 2023, the City released RFB 23-01 for school adult crossing guard services. B. City requires the professional services of a school adult crossing guard services contractor that is experienced in crossing guard services. C. Contractor has the necessary experience in providing professional services and advice related to school adult crossing guard services. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. E. After an open and competitive procurement process, Patrol Masters Security Services lnc.-was selected as the best value for the City. 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 r:nay amend the Agreement to extend it for four 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 Ag reement. 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 four hundred seventy-two thousand nine hundred forty two dollars ($472,942). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not City Attorney Approved Version 12/28/2022 June 13, 2023 Item #5 Page 6 of 16 DocuSign Envelope ID: 388C2C74-8DAC-4959-B7F6-BDE9954A6F6D exceed four hundred seventy-two thousand nine hundred forty two dollars ($472,942) per Agreement year. 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. 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. City Attorney Approved Version 12/28/2022 June 13, 2023 2 Item #5 Page 7 of 16 DocuSign Envelope ID: 388C2C74-8DAC-4959-B7F6-BDE9954A6F6D 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-:VII"; OR 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 G uide 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 Coverage 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 Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 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. 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. City Attorney Approved Version 12/28/2022 Jun e 13, 2023 3 Item #5 Page 8 of 16 DocuSign Envelope ID: 388C2C74-8DAC-4959-B7F6-BDE9954A6F6D 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 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 Name Alonso DeVelasco Title Lieutenant Department Police --=-~:;....::_ ______ _ City of Carlsbad Address 2560 Orion Way Carlsbad, CA 92010 June 13, 2023 4 For Contractor Name Linda Frieden Managing Director of Crossing Guard Title Program Address 1651 East 4th Street, Suite 150 Santa Ana, CA 92701 Phone No. 760-716-1923 Email patrolmasters@yahoo.com City Attorney Approved Version 12/28/2022 Item #5 Page 9 of 16 DocuSign Envelope ID: 388C2C74-8DAC-4959-B7F6-BDE9954A6F6D Phone No. 442-339-5578 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 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 all categories. YesONoGJ 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 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 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. 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 City Attorney Approved Version 12/28/2022 June 13, 2023 5 Item #5 Page 10 of 16 DocuSign Envelope ID: 388C2C74-8DAC-4959-B7F6-BDE9954A6F6D 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. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering 90 days written notice to City. In the event of termination of this Agreement by either party 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 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 City Attorney Approved Version 12/28/2022 June 13, 2023 6 Item #5 Page 11 of 16 DocuSign Envelope ID: 388C2C74-8DAC-4959-B7F6-BDE9954A6F60 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. CONTRACTOR By: (sign here) Sammy Ahmad Direct or (print name/title) By: (sign here) Andrew Ahmad Di rector (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Mayor . ATTEST~ SHERRY~F 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: CINDIE K. McMAHON, City Attorney BY: ___ d_~_~_f_r6_sf __ _ Deputy / Assistant City Attorney City Attorney Approved Version 12/28/2022 June 13, 2023 7 Item #5 Page 12 of 16 DocuSign Envelope ID: 388C2C74-8DAC-4959-B7F6-BDE9954A6F6D EXHIBIT "A" SCOPE OF SERVICES AND FEE GENERAL Contractor shall provide capable and reliable Adult Crossing Guards to assist elementary and middle 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, at the locations identified in Exhibit 8 -School Site List. NOTIFICATION PROCEDURE Contractor shall act to ensure 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. · Contractor must maintain real time accountability GPS software which acts as a notification system and provides real-time guard site information, as described in vendor's response to RFB 23-01 .. 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. City Attorney Approved Version 12/28/2022 June 13, 2023 8 Item #5 Page 13 of 16 DocuSign Envelope ID: 388C2C74-8DAC-4959-B7F6-BDE9954A6F6D 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 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. Contractor shall provide City with detailed billing invoices to include, date, site location, and hours worked at location. City shall have the right to verify the hours worked prior to payment. Payments will be made in accordance with RFB 23-01 based on a rate of $29.99 per hour per guard for actual hours worked. If City staff must correct Contractor billing errors, Contractor will be invoiced for City staffs time spent correcting Contractor's billing errors. SCHOOL LIAISON Contractor shall establish a liaison with the school district(s) to monitor cha nges in school schedules. Contractor shall report these changes to the Chief of Police. ADULT CROSSING GUARD TIMES, DAYS, AND LOCATIONS See attached spreadsheet labeled "Exhibit B -School Site List", which is attached and incorporated herein by this reference. City Attorney Approved Version 12/28/2022 June 13, 2023 9 Item #5 Page 14 of 16 DocuSign Envelope ID: 388C2C74-8DAC-4959-B7F6-BDE9954A6F60 Exhibit "B" School Site List 1 Exhibit B -School Site List ' ' . 'if . . . . . . . . . . . ' . . . . . .. . AVIARA OAI.S ELEM~ f AVIARA PKWY/ AMBROSIA LH l :30 NtA • 8:15 PM and 2:20 PM-3:05 PM IThursdlY 1:.25 PM• 2:10 PM • 15 SB 6110/6900 Ambrosia lit Clrlsbad CA 92011 AM8ROSlA LN/ CONOSO WAY 7:30 /JJ.A • 8:15 AM and 2:20 PM • S:05 PM Thursdav 1.25 PM· 2:10 PM • 15 SB IUENAVISTA PIO PICO OR/ !AS FlORES OR 7:SOAM •8:00AM and 2:20PM-2:SO PM Thursdav 1:25 PM -1:55 PM 2 10 SB 1550 Buena Vista WIY. cartsbad CA 92008 CALAV(M HM.LS B.fM nal'VII"" COUEGE BLVO I TAMRACK S 7:30 AM • 1:15 PM and 2:15 PM • 3:00 PM Thursdav 1:20 PM • 2:05 PM • 15 ,. 41~4104 Tamarack Nie', carlsbad. CA 92008 COUEGEat.VO/T~N 1:~ AM· 8:15 AM and 2:15 PM· 3:00 PM Thurs.c ... 1.:20 PM -2:05 PM • 15 •• STRATA I CONTOUR 1..30 AM • 8-.15 PM Ind 2:15 PM • ,:oo PM Thundav 1:.20 PM • 2:05 PM • 15 .. HOP£ CARlS8AO VU.I.AGE DR /TAMARACK AV£. 7:30AM • 8:00 AM and 2:20 PM· 2:50 PM Thursdav 1:25 PM -1::55 PM 2 10 •• ~lOT'arNracli ~. C.rlsbad, CA 92001 Ti'MMX,f;AVf./C>tA'tliAM RO 7:'SO MA· 8:00 PM and 2:20 PM· 2:50 PM Thurc~-1:25 PM -1:55 PM 2 10 S8 TAMAAACK AVf. / WILSHIRE AVf. 7:,0A.~ • 8:00AM and 2:20 PM· 2:50 PM Thursdav 1:25 PM· 1.55 PM 2 10 •• Jfffl'MON JEFFERSON ST I CAROL Pl 7:50 AM· 8:00 AM and 2:20 PM-2:50 PM Thursdev 1:25 PM· 1:.55 PM 2 10 .. 574S~rsonst.Carl5bad CA92001 IW.Y R CAMINO RfAl. IT~AAJia. AVf. 7:30 AM • 8:00 AM and 2:20 PM • 2:50 PM Thursdav 1:25 PM· 1:S5 PM 2 10 •• 4U5 Kelly Or, Carlsbad, CA 92008 KEllY OR/ HILLSIDE AW 7:30 NA • 8:00 NA and 2:20 PM • 2:SO PM Thursdav 1:25 PM -1;55 PM 2 10 .. >-l([U.Y no, PARK OR 7:50 AM -8:00 AM ■nd 2:20 PM • 2:50 PM Thursdav 1:25 PM· 1·55 PM 2 10 •• ICEt1Yn1t1•KEllYSOtOOL 7.SOAM • 8:00AM and 2:20 PM· 2:50 PM Thursdav 1:25 PM· 1.55 PM 2 10 •• MAGNOl.lA ELEMNAUfY MIOOlE V.t.U.fY OR / OiESTNiJT OR 7:SO AM -8.15 NA and 2:.1.S PM -S:00 PM Thursdav 1:20 PM• 2:05 PM • 15 .. 1905 Mal"M)lla Ave, Carlsbad, CA 92001 TAMAltAa. /VAl.lfY OR 7..SO /iiM • 1:15 AM and 2:15 PM· S:00 PM Thursdav 1.20 PM • 2:0S PM • 15 •• MONRO£/ O<ES'TlOUT 7:SO>M-l:15AM and 2:15 PM-S:OOPM Thursdav 1:20 PM• 2:0S PM • 15 .. MONROE/ WGNOUA 7:30AM • 8:15 AM and 2:15 PM· :S:OOPM Thursdav 1:20 PM -2:05 PM • 15 .. MAGNOUA /VAU.EY 7:SO AM· S."15 AM and 2:15 PM· 3:00 PM Thurs.d11v 1:20 PM-2:0S PM 3 15 SB MAGNOUA / HIGHLAND 7:30AM • e·1s AM and 2:15 PM· 3:00PM lhursdav t :20 PM • 2:0S PM • 15 .. PACIRCIUM HIOOEN VMJ.E'I /CAMINO DE LOS OHDM 7:45Nd • 8:15 AM and 2:25 PM· 2:55 PM Thursdav 1:25 PM• 1:55 PM 2 10 .. f 1100 C.mino De Uls Ondas, Car1sbad, CA 92<X AlDERWOOD /CAMINO 0£ LOS ONOAS 7.45 AM· 8:15AM and 2;25 PM· 2:55 PM Thursdtiv 1:25 PM· 1.55 PM 2 10 98 HIOOEN V.t.U.fY / UGlffltOUSE . 7:45 AM· S:-15 AM and 1."'25 PM· 2:55 PM Thursdew 1:25 PM • 1:55 PM 2 10 .. I TOTAL ttC>UftSIDAYS,._.,~r: 57 215 7:30AM·8.:00AMend2:15PM •2:45PM frida U;45PM·1·15PM 10 SB ,.soc Calle e.rufona Carlsbad CA 92009 lA COSTA tteGHTS I.EVANT( ST ROMERIA ST 10 .. 5035 1Av1nte St carlsb1d, CA 92009 16 ao CAM&.LO llEMf.NTARY H MRAOSl POINSETT\A 10 .. 2875 Poinsettia Ln. Carlsbad, CA 92009 N Ma.ROSE/ POINSETTIA 10 58 POINSEmA PASEO ESCVflA 2::10 PM • 2:40 PM 10 .. POINSETTlA PASEO ESCUELA 2:lOPM· 1:40PM 10 .. LA COSTA MEADOWS f\JERTE COAIPmA 2:10 PM-2:40 PM 10 .. 6889 El Fuerte St Cllrlsbad CA 92009 Tot.ts: 10 50 101Al0AllY/WW<lYHOUR~ 81 41S TOTAi Yf.Aftl Y HOURS. 3,1$4 1 ~.770 City Attorney Approved Version 12/28/2022 June 13, 2023 10 Item #5 Page 15 of 16 Exhibit 2 School Crossing Guards - Site List CARLSBAD UNIFIED SCHOOL DISTRICT SCHOOL LOCATION REGULAR HOURS MINIMUM DAY HOURS DAILY GUARD HOURS WEEKLY HOURS AVIARA OAKS ELEM/MIDDLE AVIARA PKWY / AMBROSIA LN 7:30 - 8:15 AM, 2:20 - 3:05 PM Thursday 1:25 - 2:10 PM 3 15 6880/6900 Ambrosia Ln, Carlsbad, CA 92011 AMBROSIA LN/ CONOSO WAY 7:30 - 8:15 AM, 2:20 - 3:05 PM Thursday 1:25 - 2:10 PM 3 15 BUENA VISTA PIO PICO DR / LAS FLORES DR 7:30 - 8:00 AM, 2:20 - 2:50 PM Thursday 1:25 - 1:55 PM 2 10 1330 Buena Vista Way, Carlsbad, CA 92008 CALAVERA HILLS ELEM/MIDDLE COLLEGE BLVD / TAMRACK S 7:30 - 8:15 AM, 2:15 - 3:00 PM Thursday 1:20 - 2:05 PM 3 15 4100/4104 Tamarack Ave, Carlsbad, CA 92008 COLLEGE BLVD / TAMARACK N 7:30 - 8:15 AM, 2:15 - 3:00 PM Thursday 1:20 - 2:05 PM 3 15 STRATA / CONTOUR 7:30 - 8:15 AM, 2:15 - 3:00 PM Thursday 1:20 - 2:05 PM 3 15 HOPE CARLSBAD VILLAGE DR / TAMARACK AVE 7:30 - 8:00 AM, 2:20 - 2:50 PM Thursday 1:25 - 1:55 PM 2 10 3010 Tamarack Ave, Carlsbad, CA 92008 TAMARACK AVE / CHATHAM RD 7:30 - 8:00 AM, 2:20 - 2:50 PM Thursday 1:25 - 1:55 PM 2 10 TAMARACK AVE / WILSHIRE AVE 7:30 - 8:00 AM, 2:20 - 2:50 PM Thursday 1:25 - 1:55 PM 2 10 JEFFERSON JEFFERSON ST / CAROL PL 7:30 - 8:00 AM, 2:20 - 2:50 PM Thursday 1:25 - 1:55 PM 2 10 3743 Jefferson St, Carlsbad, CA 92008 KELLY EL CAMINO REAL / TAMARACK AVE 7:30 - 8:00 AM, 2:20 - 2:50 PM Thursday 1:25 - 1:55 PM 2 10 4885 Kelly Dr, Carlsbad, CA 92008 KELLY DR / HILLSIDE AVE 7:30 - 8:00 AM, 2:20 - 2:50 PM Thursday 1:25 - 1:55 PM 2 10 KELLY DR/ PARK DR 7:30 - 8:00 AM, 2:20 - 2:50 PM Thursday 1:25 - 1:55 PM 2 10 KELLY DR/@KELLY SCHOOL 7:30 - 8:00 AM, 2:20 - 2:50 PM Thursday 1:25 - 1:55 PM 2 10 MAGNOLIA ELEM/VALLEY MIDDLE VALLEY DR / CHESTNUT DR 7:30 - 8:15 AM, 2:15 - 3:00 PM Thursday 1:20 - 2:05 PM 3 15 1905 Magnolia Ave, Carlsbad, CA 92008 TAMARACK / VALLEY DR 7:30 - 8:15 AM, 2:15 - 3:00 PM Thursday 1:20 - 2:05 PM 3 15 MONROE / CHESTNUT 7:30 - 8:15 AM, 2:15 - 3:00 PM Thursday 1:20 - 2:05 PM 3 15 MONROE / MAGNOLIA 7:30 - 8:15 AM, 2:15 - 3:00 PM Thursday 1:20 - 2:05 PM 3 15 MAGNOLIA / VALLEY 7:30 - 8:15 AM, 2:15 - 3:00 PM Thursday 1:20 - 2:05 PM 3 15 MAGNOLIA / HIGHLAND 7:30 - 8:15 AM, 2:15 - 3:00 PM Thursday 1:20 - 2:05 PM 3 15 PACIFIC RIM HIDDEN VALLEY / CAMINO DE LOS ONDAS 7:45 - 8:15 AM, 2:25 - 2:55 PM Thursday 1:25 - 1:55 PM 2 10 1100 Camino De Las Ondas, Carlsbad, CA 92009 ALDERWOOD / CAMINO DE LOS ONDAS 7:45 - 8:15 AM, 2:25 - 2:55 PM Thursday 1:25 - 1:55 PM 2 10 HIDDEN VALLEY / LIGHTHOUSE 7:45 - 8:15 AM, 2:25 - 2:55 PM Thursday 1:25 - 1:55 PM 2 10 TOTAL HOURS/DAYS/WEEKS:57 285 ENCINITAS UNION SCHOOL DISTRICT SCHOOL LOCATION REGULAR HOURS MINIMUM DAY HOURS DAILY GUARD HOURS WEEKLY HOURS EL CAMINO CREEK PASEO ALISO / PASEO TULIPERO 7:30 - 8:00 AM, 2:15 - 2:45 PM Friday 12:45 - 1:15 PM 2 10 7885 Paseo Aliso, Carlsbad, CA 92009 CALLE BARCELONA/ PASEO ALISO 7:30 - 8:00 AM, 2:15 - 2:45 PM Friday 12:45 - 1:15 PM 2 10 CALLE BARCELONA/ PASEO ALISO 7:30 - 8:00 AM, 2:15 - 2:45 PM Friday 12:45 - 1:15 PM 2 10 OLIVENHAIN PIONEER RANCHO SANTA FE/ CALLE ACERVO 7:30 - 8:00 AM, 2:15 - 2:45 PM Friday 12:45 - 1:15 PM 2 10 8000 Calle Acervo, Carlsbad, CA 92009 CALLE ACERVO / ENTRANCE 7:30 - 8:00 AM, 2:15 - 2:45 PM Friday 12:45 - 1:15 PM 2 10 CALLE ACERVO / EXIT 7:30 - 8:00 AM, 2:15 - 2:45 PM Friday 12:45 - 1:15 PM 2 10 MISSION ESTANCIA CALLE BARCELONA / CALLE SAN FELIPE 7:30 - 8:00 AM, 2:15 - 2:45 PM Friday 12:45 - 1:15 PM 2 10 3300 Calle Barcelona, Carlsbad, CA 92009 LA COSTA HEIGHTS LEVANTE ST / ROMERIA ST 7:30 - 8:00 AM, 2:15 - 2:45 PM Friday 12:45 - 1:15 PM 2 10 3035 Levante St, Carlsbad, CA 92009 TOTAL HOURS/DAYS/WEEKS:16 80 SAN MARCOS UNIFIED SCHOOL DISTRICT SCHOOL LOCATION REGULAR HOURS MINIMUM DAY HOURS DAILY GUARD HOURS WEEKLY HOURS CARRILLO ELEMENTARY N MELROSE / POINSETTIA 8:15 - 8:45 AM, 3:10 - 3:40 PM Wednesday 2:10 - 2:40 PM 2 10 2875 Poinsettia Ln, Carlsbad, CA 92009 N MELROSE / POINSETTIA 8:15 - 8:45 AM, 3:10 - 3:40 PM Wednesday 2:10 - 2:40 PM 2 10 POINSETTIA / PASEO ESCUELA 8:15 - 8:45 AM, 3:10 - 3:40 PM Wednesday 2:10 - 2:40 PM 2 10 POINSETTIA / PASEO ESCUELA 8:15 - 8:45 AM, 3:10 - 3:40 PM Wednesday 2:10 - 2:40 PM 2 10 LA COSTA MEADOWS FUERTE / CORINTIA 8:15 - 8:45 AM, 3:10 - 3:40 PM Wednesday 2:10 - 2:40 PM 2 10 6889 El Fuerte St, Carlsbad, CA 92009 TOTAL HOURS/DAYS/WEEKS:10 50 83 415 3,154 15,770 TOTAL DAILY/WEEKLY HOURS: TOTAL YEARLY HOURS: June 13, 2023 Item #5 Page 16 of 16