HomeMy WebLinkAbout2023-06-13; City Council; Resolution 2023-158RESOLUTION 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.
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)
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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
..)\,\V\.L , 20 2,3,, 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.
8.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 andadvice 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 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 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
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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 CONTRACTORContractor 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 ofContractor 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 balanceowing 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.INDEMNIFICATIONContractor 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.
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10.INSURANCE
Contractor will obtain and maintain for the duration of the Agreement and any and allamendments, insurance against claims for injuries to persons or damage to property which mayarise 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 ratingin the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed bythe 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.
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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 RECORDSContractor 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
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@ya hoo. com
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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 INTERESTContractor 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 LAWSContractor 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 PROHIBITEDContractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment.
19.DISPUTE RESOLUTIONIf 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.TERMINATIONIn 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 Contrac_tor. 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
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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 VENUEAny 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 ASSIGNSIt 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 AGREEMENTThis 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
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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.AUTHORITYThe 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:
By:
Sammy Ahmad (sign here) Director (print name/title)
(sign here) Andrew Ahmad Director (print name/title)
CITY OF CARLSBAD, a municipal corporation of the State of California
By: Mayor.
ATTEST�
SHERRY�r 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, orVice-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_UL!f_�_f_rb_sf __ _ Deputy / Assistant City Attorney
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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 B -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.
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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 staff's time
spent correcting Contractor's billing errors.
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 labeled "Exhibit B -School Site List", which is attached and
incorporated herein by this reference.
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Exhibit B • School Site List
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El CAMINO Cl!E£K 7185 PucoAllso. C.rlsb.d.CAi2009
MISSION fSTANCIA
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LA COSTA MEADOWS 6889 El Futrtt St Cerlsbad CA92009
Exhibit "B"
School Site List
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