Loading...
CC - Item 4G - Award of Contract with All City Management Services Inc., for Crossing Guard Services and Approval of Cost Sharing Agreements with Rosemead and Garvey School DistrictsROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BEN KIM, CITY MANAGER DATE: JUNE 27, 2023 SUBJECT: AWARD OF CONTRACT WITH ALL CITIES MANAGEMENT SERVICES INC. FOR CROSSING GUARD SERVICES AND APPROVAL OF COST SHARING AGREEMENTS WITH ROSEMEAD AND GARVEY SCHOOL DISTRICTS SUMMARY The proposed Agreement with All City Management Services, Inc. ("ACMS") is for the annual crossing guard services near local public schools, and the proposed Agreements with Rosemead and Garvey School Districts are for cost sharing (one-half between the City and each District) for crossing guard services. The total cost for providing crossing guard services for both school districts is approximately $311,270.40 of which Rosemead School District's portion is approximately $68,090.40 and Garvey School District's portion is approximately $87,544.80. The City's portion ($155,635.20) is included in the City's proposed Fiscal Year 23/24 Budget. DISCUSSION The City has a longstanding partnership with the Rosemead and Garvey School Districts for the provision of crossing guard services near local public -school campuses, and the City has contracted with ACMS, a private firm, that deploys crossing guards. The agreement with ACMS is set to expire on June 30, 2023. On April 3, 2023, the City released Request for Proposal ("RFP") No. 2023-09 for Crossing Guard Services. The City received a total of two (2) proposals by the submittal deadline. A summary of the proposals received is below: The proposals requested were for a total of (19) school locations, (7) for the Rosemead School District, and (8) for the Garvey School District, with the potential to add (4) more pending a AGENDA ITEM 4.G City Council Meeting June 27, 2023 Paee 2 of 3 crossing guard warrant study, for a projected 11,970 service hours. The study determined that Willard Elementary School met the need for an additional guard which increased the number of sites for the Garvey School District from eight (8) to nine (9) sites. Staff performed a comprehensive evaluation of the proposals based on the RFP requirements including experience, understanding of scope of services, timeline, familiarity with the City of Rosemead, and project cost. Based on the evaluation, All City Management Services ("ACMS") submitted the most qualified proposal based on the overall criteria of project understanding, qualifications, relative experience, approach, and proposed cost. ACMS has over 38 years of experience and exclusively provides School Crossing Guard Services. They have provided crossing guard services to the City of Rosemead and other cities in Southern California which include Pomona, Diamond Bar, Pasadena, South Pasadena, San Gabriel, El Monte, San Marino, Glendora, Temple City, Baldwin Park, Santa Ana, and Fullerton. ACMS has proposed the following multi-year hourly cost for services: FY 2023/24 $30.88 FY 2024/25 $32.99 FY 2025/26 $32.99 Both School Districts have communicated their approval to bring forth the cost sharing agreements to their Boards. Should the school district boards approve the agreements, the following would reflect their share of the costs: • The Rosemead School District Agreement would require that they share the cost of seven (7) crossing guards. I iscal bear lA1llltlal Pacmcnt The Garvey School District Agreement would require that they share the cost of nine (9) crossing guards. Fi,cal 1'car lnnual Pavnatt 1 :1 Both School Districts' contributions total one-half of the overall annual crossing guard cost. It is to be noted that the above costs are based on a normal school calendar year of 180 instructional days. City Council Meeting June 27, 2023 Page 3 of 3 STAFF RECOMMENDATION That contingent upon the execution of the School Districts Board's formal approval of the cost sharing agreements, the City Council authorize the City Manager to: 1. Execute the Agreement with All City Management Services, Inc. for crossing guard services for Fiscal Year 23/24; and, 2. Execute the cost sharing Agreements with Rosemead and Garvey School Districts for funding the crossing guard services for the Fiscal Year 23/24. FISCAL IMPACT The cost for crossing guard services has been included in the Proposed FY 2023-24 Budget with an offsetting estimated revenue due from the two School Districts. STRATEGIC PLAN IMPACT This item is consistent with the City's 2030 Strategic Plan Goal A - Safety, which focuses on enhancing public safety and quality of life. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Analyst Attachrhent A: RFP No. 2023-09 Attachment B: All City Management Services, Inc. Proposal Attachment C: All City Management Services, Inc. Agreement Attachment D: Rosemead School District Agreement Attachment E: Garvey School District Agreement Attachment A RFP No. 2023-09 City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 REQUEST FOR PROPOSAL NO. 2023-09 CROSSING GUARD SERVICES SUBMITTALS: Three (3) bound copies and one (1) electronic PDF file on a flash drive of the Proposal in sealed envelope(s) must be received by the City of Rosemead's City Clerk's Office by no later than Monday, May 1, 2023, at 10:00 a.m. or Electronic proposal submittal through the City of Rosemead Vendor Portal hosted by PlanetBids at: https://Pbsystem.planetbids.com/portal/54150/portal-home Proposals submitted through PlanetBids Vendor Portal shall be submitted no later than Monday, May 1, 2023, at 10:00 a.m. CONTACT PERSON: Jennifer Pineda, Management Analyst City of Rosemead 8838 E. Valley Boulevard Rosemead, California 91770 (626)569-2102 ipineda@cityofrosemead.org PROPOSALS RECEIVED AFTER THE TIME AND DATE STATED ABOVE SHALL NOT BE CONSIDERED. FACSIMILE AND E-MAIL PROPOSALS WILL NOT BE ACCEPTED. INQUIRIES: Direct questions for clarification on Request for Proposal documents to Jennifer Pineda, Management Analyst at City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 *Pineda@cityofrosemead.org or via phone at (626) 569- 2102. MODIFICATIONS: Any modification of this Request for Proposal will be provided to vendors who request notification of any modifications. ISSUANCE DATE: April 3, 2023 City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 CONTENTS A. Introduction............................................................................................................ 4 B. Background.............................................................................................................4 C. Description of Program........................................................................................... 4 D. Scope of Services.................................................................................................... 4 E. Time, Place, And Method for Proposal Submissions .............................................. 6 F. Proposed Term of Contract.................................................................................... 7 G. Deadlines................................................................................................................ 7 H. Proposer Qualifications.......................................................................................... 7 I. Award of Contract................................................................................................... 7 J. Right to Reject Proposals........................................................................................ 8 K. Information to Be Submitted.................................................................................. 8 L. Understanding of Requirements............................................................................ 9 M. Questions/Clarifications....................................................................................... 10 N. Insurance............................................................................................................... 10 O. Agreement for Services......................................................................................... 10 P. City's Responsibilities.................................................................................................10 Q. Proposal Evaluation and Criteria..................................................................................10 R. Discretion and Liability Waiver.....................................................................................11 Attachment A: Sample Professional Services Agreement...............................................13 Attachment B: Crossing Guard Locations...........................................................................30 City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 A. INTRODUCTION Through this Request for Proposal ("RFP") and evaluation process, the City of Rosemead ("City') is accepting qualified contractors ("Contractors") to provide proposals for Crossing Guard Services and management. The number of crossing guards will be fixed by the City; however, the crossing guard schedule will varyto reflect the school year and school day of both the Garvey and Rosemead School Districts. The crossing guard locations are listed in ATTACHMENT "B". The City reserves the right to add additional locations as needed. The City desires to contract with a qualified and established company that will provide quality services throughout the school year. The proposer must work in conjunction with the City of Rosemead and the Garvey and Rosemead School Districts. B. BACKGROUND The City of Rosemead is organized under the City Council/City Manager form of government with five departments and approximately 55 full-time employees. The City of Rosemead is a cost- conscious provider of outstanding public services to its residents and local businesses, mostly relying on the contract services model since its incorporation in 1959. The City of Rosemead is a suburb located in the San Gabriel Valley, 10 miles east of downtown Los Angeles. It is bounded on the north by the cities of Temple City and San Gabriel, on the west by Monterey Park, Alhambra, and the unincorporated Los Angeles County community of South San Gabriel, on the south by Montebello, plus by EI Monte and South EI Monte on the east. The City is 5.5 square miles (2,344 -acres) in size. Rosemead is a working-class suburb with a diverse population base. According to the 2020 Census, the City has a population of 51,185. C. DESCRIPTION OF PROGRAM The City of Rosemead contracts for crossing guard services and management at fifteen (15) sites (8 with the Garvey School District and 7 with the Rosemead School District). The sites are within City limits and strategically positioned near schools within the Garvey and Rosemead School Districts. These locations are listed in ATTACHMENT "B". The City is currently evaluating the potential of an additional four (4) sites with two (2) at Garvey School District and two (2) at Rosemead School District. The City reserves the right to increase the number of sites, hours, and locations as needed. D. SCOPE OF SERVICES The City of Rosemead is seeking qualified organizations and/or contractors to provide all services related to planning, programming, operation, management, and follow-up of all Crossing Guard Services. The successful Contractor shall agree to perform school crossing guard services for the City of Rosemead within the City limits. The scope of work shall be as follows: 1. The CONTRACTOR will monitor, supervise, and assure the safety of all school children that utilize intersections and crosswalks while moving to and from school zones. City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 2. The CONTRACTOR will provide one qualified crossing guard for fifteen (15), with additional four (4) pending, separate locations throughout the City, as shown in Attachment "B", during specified school hours for a projected 11,970 service hours. The estimated hours above are calculated based on multiplying the following factors: annual number of hours per day, annual school days, number of locations covered per day, and number of crossing guards per day. However, the CONTRACTOR is required to staff the crossing guard positions whenever the schools modify their schedules to accommodate the academic needs of their students. 3. The City retains the right to modify (increase or decrease) the hours and locations. New locations may be added at the City's request and the CONTRACTOR shall increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location within a 24-hour written notice. 4. The CONTRACTOR will provide all administrative duties associated with the Crossing Guard Program in the City. 5. The CONTRACTOR will be required to provide for the supervision of all employees associated with conducting the Crossing Guard Program; including the recruitment, hiring, discipline, and termination of employees. 6. CONTRACTOR will provide all facilities, vehicles, and other associated equipment related to conducting the Crossing Guard Program. Required equipment will, at a minimum, include safety-reflectorized vests, stop signs, whistles, rain gear, and photo -identification badges. 7. CONTRACTOR shall provide all employees with equipment that complies with all applicable laws and established safety standards. 8. The CONTRACTOR shall arrange for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. The CONTRACTOR shall contact the City Manager's Office and the Garvey and Rosemead School Districts if a position cannot be filled by the CONTRACTOR. 9. The CONTRACTOR shall be responsible to coordinate with the affected schools and the Garvey and Rosemead School Districts to ensure coverage is provided at designated locations when school schedules are modified and/or changed for any reason that requires children to arrive or depart at a time that is different than normal. 10. CONTRACTOR shall provide all of the required training for employees selected to be crossing guards. 11. The CONTRACTOR shall certify that all employees selected to perform duties of a crossing guard in the City have never been convicted of any felony, a crime of moral turpitude, or any crime against children. In addition, the recruitment process shall incorporate a Pre - Employment Screening Program that includes: a. An employment reference check City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 b. A criminal background check and a fingerprint check c. A drug and alcohol screening test d. Social Security verification e. Only documented, authorized CONTRACTOR employees are eligible to work or permitted on or in City facilities (Verification of the INS -9 forms must be provided to the City upon request). 12. Any employee whose conduct is not satisfactory, as determined by the City shall be removed from providing crossing guard services in the City. 13. The CONTRACTOR shall investigate all public complaints concerning crossing guard services. In the event of a complaint, the CONTRACTOR shall immediately contact the City Manager's Office at (626) 569-2102 to advise the nature of the complaint and the course of actions/remedy/resolution of said complaint. CONTRACTOR shall furnish a written report of the incident to the City Manager's Office within five (5) business days after the occurrence. 14. CONTRACTOR shall maintain detailed records and reports of the total number of hours of service provided. These records shall list the number of hours worked at each location. These records will be made available for inspection and audit by the City at any time. 15. CONTRACTOR shall keep records of performance measures established by the City and shall provide a report each month on how actual performance measures stack up against target performance measures. 16. Staff, mobilize, launch and commence Crossing Guard Services by August 23, 2023. E. TIME, PLACE, AND METHOD FOR PROPOSAL SUBMISSION The City must receive three (3) sets of proposals and one (1) electronic PDF file on a flash drive from interested firms no later than 10:00 a.m. on Monday, May 1, 2023. Please submit proposals in a sealed envelope(s) to: Request for Proposal — Crossing Guard Services ATTN: Ericka Hernandez, City Clerk City of Rosemead I City Clerk's Office 8838 E. Valley Blvd. Rosemead, CA 91770 or Electronic proposals submittal through the City of Rosemead Vendor Portal hosted by PlanetBids at: https://Pbsystem.planetbids.com/portal/54150/portal-home Proposals submitted through PlanetBids Vendor Portal shall be submitted no later than Monday, May 1, 2023, at 10:00 a.m. Emailed, faxed, or late proposals will not be considered. City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 F. PROPOSED TERM OF CONTRACT The Crossing Guard Services must be ready to commence by August 23, 2023. The Agreement shall be for a three-year (3) time period from the Effective date with the option for up to two (2) one- year extensions at the sole and absolute discretion of the City. G. DEADLINES Below is the tentative RFP scheduled, subject to change: RFP DEADLINE INFORMATION RFP Available Deadline to Submit Questions Q & A Posted on City's Website Deadline to Submit Proposal Agreement Presented to Council H. PROPOSER QUALIFICATIONS DEADLINES 4/3/2023 4/17/2023 4/24/2023 5/1/2023 5/23/2023 (Tentative) 1. The City requires proposals submitted by primary Contractors only. The firm will have complete and exclusive responsibility for satisfying all City conditions and requirements at all times during the life of the agreement. Any subcontractors mentioned in the RFP and/or used in the implementation of the Agreement will have no formal relationship with the City. 2. All proposed subcontractors must be identified by name with a description of the work they will provide. Any subcontractors change proposed after the submittal date can only be made with prior approval of the City. 3. Primary Contractor must be responsible for at least three-fourths of the annual value of the proposed work, consistent with the scope of services as noted in the proposal. 4. Primary Contractor must have experience providing similar work in at least three similar organizations. I. AWARD OF CONTRACT The City will evaluate the proposals and make their recommendation to City Council for approval. Proposers may be asked to make oral presentations to supplement their proposals. Proposals will be selected in accordance with the City's purchasing policy. Proposals must be guaranteed by the vendor for 60 days after the bid opening on 5/1/2023. It is anticipated that a standard agreement will be signed subsequent to the City Council review and approval of the recommended vendor. City of Rosemead — Crossing Guard services Request for Proposal No. 2023-09 J. RIGHT TO REJECT PROPOSALS The City reserves the right to reject any or all proposals or portions of any or all proposals. Non- compliance with any of the conditions and instructions stated herein may result in the rejection of the proposal. K. INFORMATION TO BE SUBMITTED Prospective contractors must submit three bound copies and one electronic copy of their proposal. The electronic copy must be in searchable PDF format. 1. Proposal Summary: This section shall discussthe highlights, keyfeatures, and distinguishing points of the proposal. A separate sheet shall include all the contactpeople on the proposal and how to communicate with them. Limit this section to a total of one to three pages, including the separate sheet with contact personnel. 2. Profile of the Proposing Contractor: This section shall include a brief description of the Contractor's size as well as the proposed local organizational structure. Specifically, the City is interested in the potential for a long- term service relationship that would include financial stability. Include a discussion on the Contractor's financial stability, capacity, and resources. Additionally, this section shall include a listingof any relevant lawsuit and/or subcontractors' litigation and the result of that action resulting from (a) any public project undertaken by the Contractor or by its subcontractors where litigation is still pending or has occurred within the last five years or (b) any type of project where claims or settlements were paid by the Contractor or its insurers within the last fiveyears. 3. Qualifications: This section shall include a brief description of the Contractor's and subcontractor's qualifications and previous experience on similar or related projects. Provide a description of pertinent project experience with other public municipalities (maximum of four) and private sector (maximum of two) that includes a summary of the work performed, the total project cost, the percentage of work the Contractor was responsible for, the period over which the work was completed, and the name, title, and phone number of clients to be contacted for references. Give a brief description of the Contractor's history, years of experience, or other relevant information. 4. Work Plan: This section of the proposal shall establish the Proposer's understanding of the City's objectives and work requirements and the Proposer's ability to satisfy those objectives and requirements. Describe the proposed approach for addressing the required service, outlining the approach that would be undertaken in providing the requested services. Include a timetable for the transition to full operation. Describe related service experience by both the Contractor and any subcontractors in similar work. Please describe the role, extent of services (number of people used or saved, engagement duration, and agreement value). City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 S. Staffing: In this section, discuss how the Contractor would propose to staff the service described in the Scope of Services. a. Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also, provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. The City expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, to be locally available for meetings in person upon 24- hour written notice. Proposed key personnel will be an important factor considered. There can be no change of key personnel once the proposal is submitted without prior approval from the City. b. Submit a plan to ensure all positions are properly staffed during the times designated by the City. The plan shall include any policies dealing with the staffing of alternate crossing guards should an assigned crossing guard fail to report for duty. 6. Training: Provide a complete description of the Proposer's crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re -testing and re-evaluation of your existing crossing guards. A copy of all training manuals should be included in the proposal (if any). 7. Proposal Costs Sheet and Rates: Include the proposed costs to provide the services desired. Include any other cost and price information that would be contained in an agreement with the City, and extra after-hours services or any other services that are considered optional additions. The materials and services specified herein will be used by the City on an as -needed basis during the entire term of the contract. The proposed prices must remain valid for the entire period indicated unless otherwise conditioned by the proposer in the proposal exceptions. 8. Additional Proposal Content • Pricing • Services and Exceptions • Copy of proposed vendor agreement • References L. UNDERSTANDING OF REQUIREMENTS An authorized representative of the company must sign all proposals accepted by the City. The submission of a signed proposal will be interpreted to mean that the company has thereby agreed to all conditions, instructions, descriptions, and specifications contained herein. All samples submitted by the company in support of its quote shall become the property of the City. City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 M. QUESTIONS/CLARIFICATIONS Please email any questions regarding this RFP to Jennifer Pineda, Management Analyst, with the subject line "Crossing Guard Services" at ipineda@citvofrosemead.org. Questions must be received by 12:00 p.m. on Monday, April 17, 2023. All questions received prior to the deadline will be collected, and responses will be posted to the City's website and PlanetBids by Monday, April 24, 2023. N. INSURANCE The City will require the successful Proposer to provide Certificates of Insurance evidencing required coverage types and the minimum limits. See EXHIBIT "B": INSURANCE REQUIREMENTS for more information on the City's insurance requirements. O. AGREEMENT FOR SERVICES The City will require the successful Proposer to execute a Professional Services Agreement with the City. The Proposer is to include a draft Professional Services Agreement with their proposal. P. CITY'S RESPONSIBILITY Upon awarding the contract, the City shall provide the selected Contractor with any pertinent ordinances and resolutions, or any other information mutually agreed upon that will assist the Contractor with completing the agreement requirements. Payment Terms The City's payment terms are 30 days from the receipt of an original invoice referencing the City's Purchase Order number and acceptance of materials, supplies, equipment, or services. Q. PROPOSAL EVALUATION AND CRITERIA Proposals will be evaluated on the Proposer's ability to provide services that meet the requirements set forth in this RFP. The City reserves the right to make such investigations as it deems necessary to determine the ability of the Proposer to provide services meeting a satisfactory level of performance in accordance with the City's requirements. The proposer shall furnish such information and data for this purpose as the City may request, at no cost to the City. Interviews and presentations by one, several, or all of the Proposers submitting a proposal may be requested if deemed necessary to fully understand and evaluate the Proposer's capabilities and qualifications. The adequacy, depth, and clarity of the proposal will influence, to a considerable degree, its evaluation. The final selection of the vendors will be based on the following criteria: 1. Ability to meet all of the City's Crossing Guard Services requirements. 2. Understanding the scope of services. 3. Pricing. City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 4. Quality of proposal. 5. The Proposer's ability to provide the full range of requested services. 6. Demonstrated professional skills and credentials of staff to be assigned to this agreement. 7. Proposer's ability to execute the agreement in a timely manner. 8. References. 9. Cost as compared to related service requirements (lowest cost will not be the sole determining factor). R. DISCRETION AND LIABILITY WAIVER 1. Proposers shall carefully read the information contained in this RFP and submit a complete response to all requirements and questions as directed. Incomplete proposals may be considered non-responsive and may be rejected at the City's discretion. 2. All information, documentation, and other materials submitted in response to this solicitation are considered non -confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed. 3. Proposers shall prepare and develop proposals at their sole cost and expense. 4. The City makes no representations of any kind that an award of an agreement will be made as a result of this RFP, or subsequent RFP. The City reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, and/or delete any item/requirements from this RFP when deemed to be in City's best interest. 5. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal. 6. A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the Proposer's authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal. 7. The City may evaluate the proposals based on the anticipated completion of all or any portion of the project. The City reserves the right to divide the project into multiple parts, reject any and all proposals, and re -solicit for new proposals, or reject any and all proposals and temporarily or permanently abandon the project. 8. The City may, in the evaluation of proposals, request clarification from Proposers regarding their proposals, obtain additional material or literature, and pursue other avenues of research as necessary to ensure that a thorough evaluation is conducted. 9. By submitting a proposal in response to this RFP, the vendor accepts the evaluation process, acknowledges and accepts that determination will require subjective judgments by the City, and waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. 10. The City of Rosemead expects the highest level of ethical conduct from Proposers, including adherence to all applicable laws and local ordinances regarding ethical behavior. 11. If an agreement cannot be reached with the highest -ranked Proposer, City reserves the right City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 to terminate negotiations with that party and enter into negotiations with the next highest - ranked Proposer. 12. Finalists in the selection process may be asked to attend an interview once the RFP process is complete. 13. Acceptance of any proposal is contingent upon the Proposer's certification and agreement by submittal of its offer to comply and act in accordance with all provisions of the City's Municipal Code. 14. Any agreement entered into as a result of this Request for Proposal shall include the following non -appropriation of funds language: "Non -Appropriation of Funds — Payment due and payable to Vendor for current goods and/or services are within the current budget and within an available, unexhausted and unencumbered appropriation of City. In the event the City has not appropriated sufficient funds for payment of goods and/or services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year." All proposals submitted shall be binding for 60 days from the date of submittal. City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 ATTACHMENT A PROFESSIONAL SERVICE AGREEMENT NAME OF PROJECT (CONTRACTOR NAME) 1. PARTIES AND DATE. This Agreement is made and entered into this INSERT DATE (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and CONTRACTOR NAME with its principal place of business at ADDRESS ("Consultant'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing TYPE OF SERVICE to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render PROJECT SERVICE OR NAME ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services: Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 customary work necessary to fully and adequately supply the TYPE OF SERVICE services necessary for the City, herein referred to a "Services". The Services are more particularly described in Exhibit A attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.12 Term. The term of this Agreement shall be for a INSERT TERM YEAR year time period from Effective date with the option for up to two (2) one-year extensions at the sole and absolute discretion of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements: All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel: Consultant has represented to City that certain key personnel will perform and coordinate the Services underthis Agreement. Should one or more of such personnel become unavailable, Consultant may substitute City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative: The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of thisAgreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative: Consultant will designate to act as its representative for the performance of this Agreement ("Consultant's Representative'). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with applicable local state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the City of Rosemead — Crossing Guard services Request for Proposal No. 2023-09 Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any liability to the extent found to be arising out of any failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed INSERT COST AMOUNT per fiscal year. The City agrees to pay Consultant a fee of INSERT COST AMOUNT WRITTEN ($INSERT NUMBERICAL COST) a month. Extra work may be authorized in writing, as described below, and will be compensated at the rates and manner set forth in this Agreement. 3.32 Payment of Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3A Extra Work: At anytime during the term of this Agreement, City may City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessaryfor the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.12 Effect of Termination: If this Agreement is terminated City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices: All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT: NAME ADDRESS ATTN: TEL: CITY: City of Rosemead 8838 Valley Boulevard Rosemead, CA 91770 Attn: City Manager Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. The Documents & Data are intended for use solely with respect to the project for which they were prepared. Any reuse or modification by City shall be at City's sole risk. 3.5.32 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of thisAgreement. 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action as part of prevailing party's total damages as determined by court of competent jurisdiction or as agreed upon by the parties in settlement. 3.5.6 Indemnification: To the fullest extent permitted bylaw, Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. City of Rosemead — Crossing Guard services Request for Proposal No. 2023-09 Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without priorwritten approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next Page] City of Rosemead —Crossing Guard Services Request for Proposal No. 2023-09 CITY OF ROSEMEAD CONTRACTOR By: Ben Kim, City Manager Date Attest: Ericka Hernandez, City Clerk Date Approved as to Form: Rachel Richman City Attorney Date Name: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] 0 Name: Title: City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 EXHIBIT A PROPOSAL FOR SERVICES/ RATE SCHEDULE/RESUME City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and $2,000,000 completed operations aggregate. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Business Auto Coverage. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees, and volunteers. Technology Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors, or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage: A. Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information (PHI). B. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. City of Rosemead —Crossing Guard Services Request for Proposal No. 2023-09 C. Liability arising from the failure of technology products (software and hardware) required under the contract for consultant to properly perform the intended services. D. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service. E. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep -linking or framing, and infringement or violation of intellectual property rights. F. Liability arising from the rendering, or failure to render, professional services. G. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights. H. Crisis management and other expert services. If coverage is maintained on a claims -made basis, the Consultant shall maintain such coverage for an additional three (3) years following termination of the contract. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. Cyber technology errors and omissions. Consultant shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage: a. Liability arising from the unauthorized release of information for which an entity has the legal obligation to keep private, such as personally identifiable information (PII) and protected health information (PHI). b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks. c. Liability arising from the failure of technology products (software and hardware) required under the contract for Consultant to properly perform the intended services. d. Claims alleging the failure of computer security that result in the transmission of malicious code, deletion, destruction or alteration of data, or the denial of service. e. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep -linking or framing, and infringement or violation of intellectual property rights. f. Liability arising from the rendering, or failure to render, professional services. g. Defense costs in regulatory proceedings (state and federal) involving a violation of privacy laws or intellectual property rights. h. Crisis management and other expert services. If coverage is maintained on a claims -made basis, the Consultant shall maintain such coverage for an additional three (3) years following termination of the contract. City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over' claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g., elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days' notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. City of Rosemead — Crossing Guard services Request for Proposal No. 2023-09 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 18. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but notthe duty) to monitorthe handling of any such claim or claims if they are likely to involve City. City of Rosemead — Crossing Guard Services Request for Proposal No. 2023-09 ATTACHMENT B CROSSING GUARD LOCATIONS Estimated Total Contract Hours Per Year 11,970 SCHOOL ELEMENTARY CROSSING GUARD GUARDS TOTAL CONTRACT DISTRICT SCHOOL LOCATION PER HOURS HOURS LOCATION PER DAY PER YEAR 1 Garvey School Arlene Bitely Fern & Jackson — NW 1 3.5 180 District Elementary 2 Garvey School Ralph Waldo Emerson&Prospect — NW 1 3.5 180 District Emerson Elementary 3 Garvey School Ralph Waldo Emerson & Jackson —SW 1 3.5 180 District Emerson Elementary 4 Garvey School Richard Garay Garvey&Jackson — SE 1 3.5 180 District Intermediate 5 Garvey School Rice Elementary Angelus & Rush — NW 1 3.5 180 District 6 Garvey School Rice Elementary Angelus & Graves — NW 1 3.5 180 District 7 Garvey School Sanchez Elementary Fern & Willard— NW 1 3.5 180 District 8 Garvey School Sanchez Elementary Fern & Walnut Grove—SW 1 3.5 180 District 9 Rosemead Encinita Elementary Encinita & Pitkin — SE 1 3.5 180 School District 10 Rosemead Mildred B. Janson Marshall & Bartlett—SW 1 3.5 180 School District Elementary 11 Rosemead Mildred B. Janson Marshall & Walnut Grove— 1 3.5 180 School District Elementary SW 12 Rosemead Muscatel Middle Ivar & Newby— NE 1 3.5 180 School District School 13 Rosemead Savannah Rio Hondo & De Adelena — 1 3.5 180 School District Elementary SE 14 Rosemead Emma Shuey Walnut Grove & Wells— 1 3.5 180 School District Elementary SW 15 Rosemead Emma Shuey Wells & Earle— NE 1 3.5 180 School District Elementary 16 Rosemead & Pending Evaluation Pending Evaluation 4 3.5 180 Garvey School District Estimated Total Contract Hours Per Year 11,970 Attachment B All City Management Services, Inc. Proposal "The Crossing Guard Company " A Proposal for City of Rosemead Request for Proposal No. 2023-09 Crossing Guard Services May 1, 2023 (LOAM) Presented by 10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, CA 90670 OFFICE PHONE: 800.540.9290 FAX: 310.202.8325 EMERGENCY DISPATCH: 877.512.2267 www.thecrossingguardcompany.com Table of Contents Page Numbers 1. PROPOSAL SUMMARY Cover Letter 1-2 ACMS Department Contact Listing 3 2. PROFILE OF PROPOSING CONTRACTOR ACMS Company Organizational Chart 4 City of Rosemead Program Management Structure 5 Company Data 6 Statement of Financial Capacity 7 3. QUALIFICATIONS Company Profile 8 Qualifications and Experience 9-10 4. WORK PLAN Scope of Services 11-12 Approach and Management 13-14 5. STAFFING Field Management Personnel 15 Vice President of Operations Resume 16 National Operations Manager Resume 17-18 Operations / Project Manager Resume 19 6. TRAINING Staffing and Recruitment 20-21 Training 22 Training Aides and Forms 23-25 7. PROPOSAL COST SHEET AND RATES Program Pricing with Professional Liability 26-28 8. ADDITIONAL PROPOSAL CONTENT Exceptions 29 Program Pricing without Professional Liability 30-32 ACMS Services Contract without Professional Liability 33-38 April 14, 2023 Erick Hernandez, City Clerk City of Rosemead RFP No. 2023-09 8838 E. Valley Blvd., Rosemead, CA 91770 Dear City Clerk: On behalf of All City Management Services, Inc. (ACMS), I would like to express our sincere appreciation for the potential opportunity to continue to serve the City of Rosemead Crossing Guard Program. We are proud to have served the community of Rosemead for the past eleven (11) years and we look forward to the opportunity to serve the City of Rosemead once again. We have received the Request for Proposal and have reviewed the Scope of Services, Proposal Requirements, Terms and Conditions. We agree with the terms and conditions set forth with exceptions to Attachment A — Sample Professional Services Agreement; 3.5.6 Indemnification, Exhibit B Insurance Requirements; Technology Professional Liability or Errors and Omissions Insurance. Please see our Exceptions pages included in our response for additional details. Our goal is simple, to continue to relieve the City of Rosemead of the day-to-day responsibilities of managing a School Crossing Guard Program. As your service provider, we will continue to assume complete responsibility for the day-to-day operations of the Rosemead Crossing Guard program. This includes recruitment, background clearance, hiring, training, equipment, payroll, supervision and management of the program. We will continue to maintain local supervision, alternate guards, a paging system and a 24-hour 800 number to ensure adequate response and immediate back-up for any Crossing Guard absent from duty for any reason. We also establish communication with each school to ensure proper scheduling. We have become the nation's largest provider of private crossing guard services as a result of our singular focus to this industry, as well as the development of benchmark training. This includes our "Employee Handbook for School Crossing Guards" which details our Job Requirements, the initial and ongoing Training we provide, including our Site Evaluations, our Rules of Conduct, Crossing Guard of the Year recognition and the Certification Requirements for all ACMS Crossing Guards. ACMS represents that the following person is authorized to negotiate on their behalf with the City of Rosemead in connection with this RFP: David Mecusker Marketing & Contract Manager 10440 Pioneer Blvd. Ste 5 • Santa Fe Springs, Ca 90670.800-540-9290 • https://thecrossingguardcompany.com/ 1 We are certainly excited about the possibility of continuing to provide Crossing Guard services for the City of Rosemead. If you have any questions, please feel free to contact me at 800 540-9290 Sincerely, 6) -- David Mecusker Marketing & Contracts Manager (Authorized Representative) 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, CA 90670 800 540 9290, Ext 107 david@thecrossingguardcompany.com Demetra Farwell, C rate Secretary Corporate Secretary / Director of Human Resources (Authorized Signer) 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, CA 90670 800 540 9290, Ext 102 demetra@thecrossingguardcompany.com 10440 Pioneer Blvd. Ste 5 • Santa Fe Springs, Ca 90670.800-540-9290 •https://thecrossingguardcompany.com/ 2 Department Contact Listing Owner / President: General Manaeer: Baron Farwell Brian Brooks 310 202 8284 Ext 100 /Mobile: 310 877 7336 310 202 8284 Ext. 105 / Mobile: 913 7318174 baron@thecrossingguardcompany.com brianb@thecrossingguardcompany.com Human Resources Director / Corporate Secretary: Demetra Farwell 310 202 8284 Ext. 101 demetra@thecrossingguardcompany.com Operations Staff: Patricia Pohl, Vice President of Operations Kim Brooks, National Operations Manager Mobile: 310 877 7045 Mobile: 913 333 2563 pat@thecrossingguardcompany.com kim@thecrossingguardcompany.com Michele Busch, Project Manager Mobile: 949 648 4514 michele@thecrossingguardcompany.com Contract Manaeer: David Mecusker 310 202 8284 Ext. 107 / Mobile: 424 5215123 david@thecrossingguardcompany.com Controller: John Varner 800 540 9290 / Mobile: 562 536 9290 jvamer@thecrossingguardcompany.com Payroll Manager: Noel Concha 310 202 8284 Ext. 110 noel@thecrossingguardcompany.com City of Rosemead Payroll Representative: Josue Garcia 310 202 8284 Ext. 125 / Mobile: 323 895 0083 josue@thecrossingguardcompany.com Dionne Shelton, Area Supervisor Mobile: 626 438 5630 dionne@thecrossingguardcompany.com Administrative Services Manager: Ashlee Herron 310 202 8284 Ext. 103 ashlee@thecrossingguardcompany.com Accounting Manager: Angelica Maciel 800 540 9290 / Mobile: 424 5215949 angelicam@thecrossingguardcompany.com PROFILE OF PROPOSING CONTRACTOR Id ƒ ! / �z \ \ k\ \ \ Id ƒ ! r ■| Q _ �) )) - ] b 0 § }f Id ƒ ! r �` �) )) \ ] b 0 § }f m bo \� )\ } ± 2 bO �) k \ ] b 0 �) ± 2 bO »] » )0 ($ Ln bl °° §§ 0 X3 — �) / » 0 City of Rosemead Vice President of Operations Patricia Pohl 310 877 7045 cell pat@thecrossingguardcompany.com National Operations Manager Kim Brooks 913 333 2563 cell kim@thecrossingguardcompany.com Operations/Project Manager Michele Busch 949 648 4514 cell michele@thecrossingguardcompany.com Area Supervisor Dionne Shelton dionne@thecrossingguardcompany.com 19 Crossing Guards Company Data All City Management Services, Inc. Corporate Office 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, CA 90670 Phone: 310 202 8284 Fax: 800 430 1059 24-hour number is 877 512 2267 https://thecrossingguardcompany.com Federal Tax Identification Number: 95-3971517 Bid Direct Point of Contact ACMS represents the following person is authorized to negotiate on their behalf with the City of Rosemead in connection with this RFP: David Mecusker, Marketing & Contracts Manager Phone: 310 202 8284 Ext. 107 david@thecrossingguardcompany.com By: (Z -- Date: A%,z� Satellite Offices Texas Nevada Kansas 2012 E. Randol Mill, Ste. 222 4775 W. Teco Ave., Ste. 235 8928 Nieman Road Arlington, TX 76011 Las Vegas, NV 89118 Shawnee, KS 66214 Phone: 817 962 0110 Phone: 702 675 3135 Phone: 800 540 9290 Fax: 800 430 1059 Fax: 702 750 2110 Fax: 800 430 1059 All City Management Services, Inc. was established on May 3, 1985, as an S Corporation and has not conducted business under any other business name. All City Management Services, Inc. is not partially owned by another business organization or individual. All City Management Services, Inc. has 38 years of experience providing crossing guard services. Baron Farwell; President and General Manager owns one hundred percent (100%) of stock outstanding. Demetra Farwell is the Corporate Secretary for All City Management, Inc. and along with the General Manager are the only two Officers for the ACMS. All City Management Services, Inc. has not lost a client agency due to failure or refusal to complete a contract and has never lost a client agency due to the level of service provided. All City Management Services, Inc.'s financial interests are associated with Crossing Guard and has no financial interest in other lines of business. ALL -CITY MANAGEMENT SERVICES, INC. dba THE CROSSING GUARD COMPANY BALANCE SHEET DECEMBER 31, 2021 ASSETS CURRENT ASSETS Cash $ 814,615 Accounts receivable, net 13,240,187 Prepaid expenses and other current assets 924,763 Total current assets 14,979,565 DUE FROM RELATED PARTY 370,000 NOTES RECEIVABLE FROM STOCKHOLDER 2,564,852 PROPERTY AND EQUIPMENT, net 1,012,654 OTHER ASSETS 10,512 Total assets $ 18,937,583 LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES Line of credit $ 7,747,731 Accounts payable 628,468 Accrued expenses 3,490,103 Current portion of notes payable 451,419 Current portion of note payable to related party 111,835 Total current liabilities 12,429,556 NOTES PAYABLE, net of current portion 4,918 NOTE PAYABLE TO RELATED PARTY, net of current portion 58,044 Total liabilities 12,492,518 COMMITMENTS AND CONTINGENCIES STOCKHOLDER'S EQUITY Common stock, no par value; 100,000 shares authorized 1,000 shares issued and outstanding 2,500 Additional paid -in -capital 263,692 Retained earnings 6,178,873 Total stockholder's equity 6,445,065 Total liabilities and stockholder's equity $ 18,937,583 See accompanying notes and independent accountants' review report ,�1.1. (;ITI �1.1�_•1(�l��lli:A1' �I�.IZ\l(a�.ti COMPANY PROFILE All City Management Services, Inc. (ACMS), is a California based Corporation founded in 1985. We are the largest provider of School Crossing Guard services, managing both large and small Crossing Guard Programs. We currently have over 8,500 employees dedicated to safety, serving cities, towns, communities, schools, and school districts nationwide. One defining issue that distinguishes ACMS is that we are the only company that exclusively provides School Crossing Guard Services. It is our commitment to limiting the scope and focus of the company to School Crossing Guards that has helped us emerge as "The Crossing Guard Company." We have successfully privatized the Crossing Guard programs for over 300+ agencies. Ultimately our clients become the beneficiaries of our single-minded approach toward this industry. The heart of our business is in assuming responsibility for the task and challenges of conducting a successful Crossing Guard Program. Toward that end, in our typical contractual arrangement we assume responsibility for; recruitment, local hiring, background clearance compliant with Department of Justice standards, initial and ongoing training, payroll and administrative support functions, coordination of assigning qualified substitutes during absences, local supervision, complaint investigation and resolution, communicating with schools and site safety inspections. One of the benefits we bring to any agency is our expertise in overseeing a seamless transition from public to private management of the program. The continuity of the Crossing Guards' employment is a key component of a seamless transition. We value the experience and understanding of the Crossing Guards currently working in each program we manage. Much of our success with individual programs is a result of the experience and knowledge these Crossing Guards bring to our management. With over 38 years of experience, ACMS leads the Crossing Guard Industry in the development of Crossing Guard standards for training, supervision, and safety. Each program we have taken on has brought a unique set of issues and challenges. The heart of our success has been our ability to articulate these challenges and experiences into our training, policies, and procedures to benefit all Crossing Guards in all the cities, towns, and communities we service. All City Management Services, Inc. has not lost a client agency due to failure or refusals to complete a contract and has not lost a client agency due to the level of service provided. Qualifications & Experience Our ability to operate and manage the City of Rosemead Crossing Guard program is supported by our current success operating the City of Rosemead program and by operating similar programs in Southern California. Some of these programs include City of Glendale, City of Downey, City of Pomona, City of Diamond Bar, City of Pasadena, City of South Pasadena, City of San Gabriel, City of El Monte, City of San Marino, City of Glendora, City of Temple City, City of Baldwin Park, City of Santa Ana, City of Fullerton, Los Angeles County Office of Education, Norwalk -La Mirada Unified School District and many others. Another defining component that distinguishes ACMS as the industry leader is our focus on providing School Crossing Guard services. We are not a security guard company with a few clients based upon a low-cost offering. Our singular area of service; "Keeping Children Safe " enables all of our resources to be devoted to the development and delivery of programs that provide exceptionally high safety standards and client satisfaction. Operations Manager/Program Manager: Michele Busch Michele has been providing supervision and support for ACMS Crossing Guards Programs since 2009 and through this time she has managed over 32 programs with over 250+ locations and 16 different Area Supervisors. Her strong communication and leadership skills have contributed to ACMS being able to provide model crossing guard programs for the cities, agencies, and school districts we service. Michele has been a certified School Crossing Guard trainer since 2009 and has managed many successful programs comparable to the City of Diamond Bar Crossing Guard program. Please see a listing of some of the programs she has managed that are similar in size and proximity to your program. Aaron Fate, Chief of Police 570 W. Bonita Ave. Claremont, CA 91711 Phone: 909 399 5411 Email: afate@ci.claremont.ca.us Brian Ventura, Lieutenant 4870 Arrow Highway Montclair, CA 91763 Phone: 909 448 3604 Email: bventura@cityofmontclair.org City of Claremont: - 1 Area Supervisor - 5 School Crossing Guards - 2 Altemate/Relief School Crossing Guards - July 29, 2020 - Current City of Montclair: - 1 Area Supervisor - 14 School Crossing Guards - 6 Alternate/Relief School Crossing Guards - June 16, 2011 - Current Scott Melendrez, Administrator 2500 S. Archibald Ontario, CA 91761 Phone: 909 856 9943 Email: smelendrez@ontariopolice.org Jason Welday, Engineering Director 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Phone: 909 774 4011 Email: Jason.welday@cityofrc.us Maurice Duran, Sergeant 460 N. Euclid Ave. Upland, CA 91786 Phone: 909 946 7624 Email: mduran@uplandpd.org City of Ontario: - 1 Area Supervisor - 36 School Crossing Guards - 7 Alternate/Relief School Crossing Guards - May 21, 2003 - Current City of Rancho Cucamonga: - 1 Area Supervisor - 37 School Crossing Guards - 5 Alternate/Relief School Crossing Guards - July 1, 2010 - Current City of Upland: - 1 Area Supervisor - 13 School Crossing Guards - 3 Alternate/Relief School Crossing Guards - January 29, 2015 - Current Objective: Every program we manage has the same objective and that is to provide a model School Crossing Guard program. This is done by educating students on proper crossing techniques, such as following local traffic regulations and using traffic control devices to ensure safe routes to school for all students and parents in the community. We have accomplished this through our dedication to on- going training, ensuring adequate staffing levels are in place, professional staffing and the years of experience provided by our management team. Challenges: Each program we manage comes with its own set of challenges, which can vary from but not limited to; transitioning from city, agency or district management to private management, becoming familiar with ACMS policies and procedures, coordinating schedule changes from various schools, accommodating guard days off due to medical needs, etc. It is through our detailed training, experience in Crossing Guard Program management and continued employee training that has allowed us to overcome these challenges. Accomplishments: ACMS has been successful in our ability to learn from each set of challenges and issues programs face and articulate those changes and experiences into our training policies and procedures. This ongoing training has allowed us to continue to improve and grow as a company and services provider. 10 ACMS Scope of Services 1. All City Management Services, Inc. will handle the Crossing Guard services for the City of Rosemead Crossing Guard program for a three (3) year period; to commence on: the start of fall 2023 school semester, ending on the conclusion of the 2026 summer school session. 2. ACMS will provide nineteen (19) personnel equipped and trained inappropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. ACMS is an independent Consultant and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City of Rosemead. 3. Crossing Guard Services shall be provided by ACMS at designated locations, identified by City of Rosemead and ACMS shall provide coverage at the school crossings as required. ACMS shall be flexible and provide guards for the hours and locations needed on the instructions of appropriate County personnel. 4. ACMS and all persons who are employed for assignment to this contract shall undergo fingerprint background checks to ensure they have not been convicted of any offense involving moral turpitude, felony for violent crimes, or felony for crimes against children. ACMS understands no one registered as a sex offender or narcotics offender will be hired as a crossing guard. 5. ACMS understands each Crossing Guard shall undergo a physical assessment to ensure they are physically able to perform the functions of the job. 6. ACMS designated Trainer will conduct training for Crossing Guards. ACMS shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties ACMS and employees of the ACMS shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of California pertaining to general pedestrian safety and school crossing areas. 7. ACMS understands all crossing guards shall also receive training pertaining to general traffic safety for pedestrians, motorist and themselves while serving as crossing guards. 8. ACMS employees shall work to the highest professional standards and act in a courteous, respectable manner and shall conduct themselves in a manner that is befitting a public servant. They shall present a professional appearance, that is neat, clean, well-groomed and be properly uniformed. 11 9. ACMS shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be wom at all times while performing said duties. The apparel must be appropriate for weather conditions. 10. ACMS shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this agreement. 11. ACMS shall maintain adequate reserve personnel to be able to fiunish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. ACMS shall provide for its employees a 24-hour answering service and shall establish its own call -out procedures and this information shall be included in proposal. 12 Approach and Management Plan ACMS employs a Team Concept of management which results in efficient field operations as well as providing a multifaceted response to potential problems. The Vice President of Operations and National Operations Manager work together (with input from City of Rosemead) to establish specific program objectives and expectations. These Senior Managers then work directly with your Operations / Project Manager and Area Supervisor to implement the management plan. The Project Manager along with your local Area Supervisor; has responsibility for the direct management of the Crossing Guards and together they will ensure City of Rosemead operational expectations are met. Standards and expectations are communicated to Crossing Guards personally by their local supervisor so as to allow the employee a better understanding of the decision-making process. This helps reduce confrontational attitudes by establishing and enhancing the common goal of providing for the safety of school children. Crossing Guard performance and compliance with safety standards will continue to be accomplished through regular site visits by the local Area Supervisor and Project Manager. In addition to verbal training and counseling, these managers are supported by the use of Field Training Check Lists, Field Training Cards, Site Performance Evaluations, independent Field Observations and a professionally produced Crossing Guard Safety DVD. Reports of satisfactory completion of all levels of training and ongoing safety reviews will be summarized and available to the City of Rosemead representative. Background checks will be completed on all potential employees as allowed by California state law. Successful completion of the fingerprint based criminal background check, Security verification via E -Verify is required prior to the employee being hired. ACMS will comply within the Equal Employment Opportunity Commission guidelines when making hiring decisions based on criminal records. After pre hire screening ACMS may conduct random field testing for drugs and or alcohol when use is suspected or at the discretion of management. ACMS has a strict policy on Drug and Alcohol abuse. This policy is included in our Employee Manual. Internal minimum passing standards along with City of Rosemead established standards would prevent any person from working as a Crossing Guard for the program who has been convicted of any crime of moral turpitude or a crime against children, including, but not limited to: • Conduct in violation of California Penal Code or which requires registration under California Penal Code • Conduct which requires registration under California Health and Safety Code. • Any offense involving the use of force or violence upon another person. • Any offense involving theft, fraud, dishonesty, or deceit. 13 • Any offense involving the manufacture, sales, possession or use of a controlled substance • Conspiracy or attempt to comment any of the aforementioned offenses. • Any registered sex offender or narcotics offender. Summary reports of background clearance on employees within the City of Rosemead Crossing Guard program will be regularly available to the City. ACMS will investigate all public complaints concerning crossing guard services. All incidents shall be reported to City within two (2) hours to advise the nature of complaint. ACMS shall famish a written report within five (5) business days after the date of the incident, which includes the course of action/remedy/resolution of said complaint. Communications with individual school sites is facilitated by the Field Supervisor. Personal visits are made regularly (minimum quarterly) to each school site in an effort to develop relationships with staff and establish a collaborative environment for information exchange. Calendars and bell schedules are obtained for each school both at the beginning of the school year and periodically throughout the year. Key school personnel are supplied with appropriate contact information (business cards) and reminded to inform ACMS of any changes. Additionally, schools are provided with large magnets which can be easily displayed making contact information effectively available to all staff. The email address of the Office Manager is also obtained which enables ACMS administrative support staff to regularly contact each school and proactively solicit information regarding potential schedule changes. The establishment of accurate and responsive shift times is critical to the effectiveness of Crossing Guard services. Sites further from the school would be expected to start earlier in the morning and finish later in the afternoon. These staggered shifts effectively address the time it takes for students to walk from a remote location to the school site (or vice versa in the afternoon) and optimize the protected periods. Additionally, locations are continually monitored for actual pedestrian traffic patterns enabling a better understanding of site needs and any potential deviation from established guidelines. ACMS Area Supervisors are in the field daily when crossings are covered by the guards and they ensure all guards arrive on time and are ready for duties as scheduled. ACMS is in the final stages of developing an application (App) that will monitor guard attendance via cellphone and will improve efficiency in our timekeeping. 14 Field Management Personnel The most significant resources ACMS brings to any Crossing Guard program is the depth and scope of management provided by the years of experience brought by our operational management team. The community of Rosemead will continue to benefit from a team concept which consists of Area Supervisor, Operations/ Project Manager, National Operations Manager and Vice President of Operations. Each Member of our management team is available 24 hours a day via cellular telephone. The following is a brief synopsis of the respective duties of each. Area Supervisor (Dionne Shelton) Dionne will continue to be the Area Supervisor for the City of Rosemead crossing guard program. He will handle all aspects of the daily supervision of the program of nineteen (19) Crossing Guards and altemate/relief pool. With support from the Project Manager and National Operations Manager, Dionne will typically recruit, hire, train and provide personnel management for all the sites he oversees and interface with school staff as needed. In addition to communicating with the School staff, he is responsible for ensuring each employee receives the proper number of Site Performance Evaluations, completed the Certification mandates. Dionne Shelton reports directly to the Operations/Program Manager. Operations Manager (Michele Busch): Michele will serve as Project Manager and will continue to directly manage your Area Supervisor and provide training and support. She will interface with the City representatives and School staff as needed. She will assist in the hiring of the Crossing Guards as well as the development and implementation of training programs and certification standards. Michele has considerable experience as a Project Manager overseeing many programs in Southern California. She will ensure compliance with Company standards and City expectations and be the liaison to the City. Michele Busch reports directly to National Operations Manager. Operations Manager (Kim Brooks): Kim has over 6 years in the industry providing field management and support for ACMS. She is responsible for the development and implementation of operational standards, training programs, safety instruction and compliance with all legal requirements and restrictions. Works directly with Project Manager to ensure all program standards are being met. Kim has extensive experience implementing and managing comparable and larger programs. She is responsible for initial training and orientation for all new client programs. Kim Brooks reports directly to Vice President of Operations. Vice President of Operations (Pat Pohl): Pat has over 27 years of industry experience. She is responsible for overall contract compliance. Works with the Regional Support Manager on the development of training programs and implementation of safety standards. Coordinates the flow of information between operations and administrative staff. 15 PATRICIA J. POHL 21896 Red River Drive, Lake Forest, CA 92630.310.877.7045 WORK HISTORY 2010 to present All City Management Services, Inc. 10440 Pioneer Blvd., Suite 5 Santa Fe Springs, California 90670 Vice President of Operations: Full responsibility for the planning, direction and coordination of all field- based leadership personnel nationwide (250+). Accountable for development and implementation of cost- effective procedures to meet current and future company needs. Responsible for all aspects of operations to ensure successful compliance with policies and procedure resulting in achieving optimum safety standards. 1998 to 2010 All City Management Services, Inc. 1749 South La Cienega Blvd. Los Angeles, California 90035 Operations Manager: Accountable for management of day-to-day operations of field 50+ area supervisors. Responsible for development, implementation and compliance for all training programs as well as Safety Certification standards for all Crossing Guards. 1994 to 1998 All City Management Services, Inc. 1749 South La Cienega Blvd. Los Angeles, California 90035 Area Supervisor: Responsible for hiring, training, coordinating and scheduling 45 school crossing guards. Served as company liaison to city governments, school districts and community. 1967 to 1994 Various Management, Sales and Administrative Positions Restaurant Manager, Advertising Sales Account Representative, Executive Assistant, Office Manager: Employment history of repeated promotion to positions of leadership and management based on work ethic and commitment to the success of employer. PROFESSIONAL ASSOCIATIONS Previously invited to serve as the only private sector representative on: California Crossing Guard Training Expert Review Panel Safe Routes to School Technical Assistant Resource Center (SRTS IARC) a project of California Active Communities within the California Department of Public Health (CDPH) Previously retained as Expert Witness and Person Most Knowledgeable in several litigations related to personal injury accidents involving School Crossing Guards. Florida Department of Transportation School Crossing Guard Trainer Certification, currently status; active 16 Kimberly M. Brooks 15607 W. 83'd Street • Lenexa, KS 66219• (913)952-9159 kim@thecrossingguardcompany.com NATIONAL OPERATIONS MANAGER Proven advocate for pedestrian safety by effectively administering company policies and procedures to employees. Operations leader that utilizes training and mentoring techniques to develop continuous improvement efforts with Regional Managers toward staff development. Skilled in organizing staff and planning for complete site coverage. Effective in recruiting from various sources and using system planning to align resources. Excellent communicator capable of building relationships with clients, supervisory staff, guards, and internally at any organizational level. ✓ Client engagement ✓ Recruiting & Training ✓ Relationship Builder ALL CITYMANAGEMENT SERV7CEs ✓ Safety focused ✓ Coaching & Mentoring ✓ Problem -solver Professional Experience 2016 to Present Regional Support Manager — May 2020 to Present • Responsible for overseeing the day-to-day functions of the Regional Manager. • Identify challenge programs in cooperation with Regional Manager. • Oversee Client Relationships. • Assist in the development and transition of new programs. National Advertising and Recruiting Coordinator — February 2018 — May 2020 • Manage advertising and nationally. • Recruit, hire and train Recruiting Coordinators to build relationships within their community. • Collaborate directly with Regional Manager to combat staffing issues within areas directly. Develop new strategies for recruiting. Regional Supervisor — September 2016 to 2018 • Administer policies through training of supervisory staff and monitoring compliance of guard performance. • Serve as liaison with contracting point of contacts and company to communicate and resolve any operational issues such as site modifications and pedestrian counts. • Oversee programs covering over 200 sites in Kansas, Missouri and Iowa. • Other duties include approving payroll, onboarding and training employees. Area Supervisor — July 2016 to 2018 • Recruit, train and staff crossing guards in the City of Lenexa. • Overall administrative functions for the area. 17 Kimberly M. Brooks SECURITAS 2015 to 2016 Crossing Guard — August 2015 to May 2016 • Conduct safe crossings for pedestrians. VARIOUS DENTAL PRACTICES 1992 to 2013 Expanded Functions Dental Assistant — 9 years • Expanded functions include placing composite and amalgam fillings, polishing fillings, packing retraction cord, taking impressions for crowns, bite splints, and making temporary crowns. • Working with children that have special needs. • Charting treatment plans and patient chart maintenance. • Dietary, preventive and treatment consultations with patients. Dental Assistant — 12 years • Chair -side duties include assisting in all procedures including fillings, crown preps, root canals and surgical extractions. • Scheduling appointments, creating treatment plans and presenting them to patients. • Supply management, equipment repairs and maintenance. Maintain OSHA standards. Education and Training Johnson County Community College Prerequisites for Dental Hygiene State of Pennsylvania Certificate of Radiology York Vocational Technical School Dental Assistant Technical School 18 Michele Busch 23 Greenbough Irvine, CA 92619 T (94.9) 923-5364 michele.busch(alcc x.net EXPERIENCE Regional Manager, All City Management Services; Santa Fe Springs, CA — 2012 -present Management of 8 area supervisors and 350 crossing guards in Southern California. Maintain communication with area supervises; provide feedback, support, guidance and training. Investigate complaints; enforce safety and disciplinary measures. Serve as a liaison to school and city officials and operations management. Assist in the development of new company procedures. Area Supervisor, All City Management Services; Santa Fe Springs, CA — 2009-2012 Managed the crossing guard program for the Newport -Mesa school district. Responsible for the recruiting, hiring, training and supervision of 36 crossing guards. Conducted regular field safety mining and maintained a program of high standards. Handled scheduling and payroll; served as a liaison to school officials, city officials and operations management. Owner, Bella Michele Jewelry; Irvine, CA — 2005-9,012 Responsible for product development, analysis and marketing. Handled purchasing, bookkeeping, organization of inventory as well as training and management of 4 employees. Created and maintained a large website and online database. Sought out advertising using social media. Executive Director, Cancer Camp Connections; Irvine, CA — 1998-2007 Created a national database of summer camp programs for children with life threatening diseases. Developed from the ground up a 501(c)3 charity; provided leadership in fulfillment of the mission, vision and goals of the organization. Implemented policies and decisions of the Board of Directors. Secured funds and managed budget; sought grant opportunities. Supported and sustained growth; served as spokesperson; conducted program planning and development. EDUCATION Gunderson High School, San Jose, CA - 1984 University of Colorado, Boulder; Bachelor of Arts, Social Work - 1989 SKILLS Strong communication skills. Ability to adapt to difficult and stressful situations. Detail oriented. Capable problem solver. Excellent organizational and leadership skills. Recruitment and Staffing ACMS Managers will assess the staffing needs of the City of Rosemead on an ongoing basis. We will focus further recruitment efforts in the geographical areas where additional Crossing Guards will be needed. We have developed a comprehensive plan for the recruitment of new Crossing Guards. As a part of our Staffing strategy, we encourage a very aggressive recruitment program. We utilize soft advertising, local media advertising, targeted flyers, on-site solicitation, school flyers and employee referral bonuses as parts of our overall recruitment strategy. We often work closely with school districts in some of our recruitment drives. Our ability to effectively staff a Crossing Guard Program remains a fundamental benefit that ACMS brings to most Crossing Guard Programs. Staffing sites is one of the primary responsibilities of the Area Supervisors. They are trained to continuously recruit and train prospective Crossing Guards. New recruits are first processed and submitted to the Department of Justice for background clearance. Supervisors are also responsible for coordinating the staffing for all sites under their supervision. As part of our staffing strategy Area Supervisors aggressively enforce the following policies and procedures for Crossing Guards. ♦ Supervisors must maintain an adequate alternate or substitute guard roster. We encourage at least a 4 to 1 ratio of sites versus alternate guards. ♦ We require any guard not reporting for duty to notify the Area Supervisor as early as possible utilizing our 24/7 Guard Hotline or directly notifying their Area Supervisor. Notifications less than 1 hour prior to shift starts are considered unexcused absences. ♦ Our employee policy is "No call, No show, No Job" Throughout our training we emphasize the importance of ensuring the safety of children by our presence. As such, we cannot allow the children's safety to be compromised by failing to call or show for duty. Supervisor Teams — The City of Rosemead continue would benefit from our presence in nearby cities such as: Temple City, Alhambra, El Monte, South El Monte, Pasadena, South Pasadena, San Marino, Montclair, Duarte, Baldwin Park. Area Supervisors are grouped together by their geographic location. These Teams meet every quarter and team members are encouraged to work together. This cooperative effort allows them to share relief guards with each other, if needed. This has resulted in alternates guards getting more hours as they are "shared" with other Supervisors. Consequently, we are able to retain a more stable group of alternate guards. 20 Employee Retention: To enhance employee satisfaction and support our retention efforts, ACMS reviews guards wage rates annually in an effort to continually remain competitive in the local labor market. If contractual and budget requirements allow, we plan to offer small wage increases a minimum of every two (2) years based upon performance and tenure. We also provide publicized employee recognition through our Crossing Guard of the Year programs and Length of Service Awards. Additionally, we provide local Area Supervisors and a small budget for employee socials. 21 Training Effective initial and ongoing training is essential in a profession dedicated to the safety of children. With over 38 years of experience and a commitment to working cooperatively with other public safety professionals, ACMS is recognized as an industry leader in the development and implementation of School Crossing Guard training and standards of excellence. The process begins during the first contact with a potential employee when our phone interview process outlines job expectations and our zero -tolerance policy for failure to report for a scheduled shift. Throughout the application process prospective employees are reminded about the critical nature of our assignments and the work ethic and integrity required of our employees. Once hired, the training process starts in the classroom where employees review sections of the "Employee Handbook for School Crossing Guards" and are shown the professionally produced training DVD, "Crossing Guard Safety". The process then moves to a field practicum where the trainer demonstrates proper procedures and allows the employee to practice correct techniques. The employees' progress is closely noted on the detailed steps outlined on the the Field Training Check List to ensure the employees' field competence. This cross -modality approach not only exposes the employee to the necessary training components but also addresses the needs of the visual, auditory, and kinesthetic leamer. While the classroom setting is expected to require approximately one hour and the field training approximately two hours, it is important to note that the low ratio of students to trainer allows for accurate assessments of the employees' readiness to move forward. The new employee is typically assigned to alternate work and closely supervised during their early assignments. They benefit from their trainer completing a written assessment of their work which better allows them to understand their strengths and weakness and make improvements where necessary (the Site Performance Evaluation). Additionally, all new employees are required to carry and regularly refer to the Field Training Cards. This pocket - sized card (listing all steps for a safe cross) allows the employee to self -evaluate their performance prior to the time they have all steps of the procedures memorized. Throughout their employment, employees are subjected to the same Site Performance Evaluation as an ongoing training and assessment tool. These evaluations happen in both side- by-side sessions as well as unannounced observations without the knowledge of the employee. The standard issue equipment and clothing includes • ANSI II compliant high -visibility retro -reflective vest marked with the required insignia of a Crossing Guard • MUTCD compliant 18" STOP/STOP paddle • Picture Identification Card with emergency contact information • Company -issued cap or visor with corporate logo • Whistle for emergency alert to vehicles and pedestrians • High -visibility ANSI II compliant wind -breaker jacket 22 All City Management Services, Inc. FUNCTIONAL CAPACITY EVALUATION (FCE) SCORE SHEET Name (PRINT First Last): I New Hire ❑ Existing Employee ❑ Employee Dept #: Employee Site #: Date: / / Time: Evaluator's Name: SCORE: PASS RETEST FAIL I ❑ If 2n0 Attempt, Date: A. BALANCE (must use stop watch) eumiN usr i Lift RIGHT FOOT, hold position steady for a count of 5 seconds. ATTEMPT 1) 2) 3) I� 2. Lift LEFT FOOT, hold position steady for a count of 5 seconds. ATTEMPT 1) - 2 )_ T, 3) B FLEXIBILITY (#3 must use stopwatch) 3. Palms of hands on thighs, move to squat with back upright, keep head up. Hold 5 seconds. ATTEMPT 1�QC�) 3) a d. Two-handed Position: candidate stands flat-footed on mark #2 and pivots \V at waist to tum and look over RIGHT shoulder to identify numbers on at waist to turn and look over LEFT shoulder to C. STRENGTH (must use stop watch) ATTEMPT 1) 2) 3) ATTEMPT 1) 2) 6. Hold Stop Sign in RIGHT hand, raise sign directly overhead while attempting to fully extend arm. Hold for 30 seconds. ATTEMPT 1) 2) 3) 7. Hold Stop Sign in LEFT hand, raise sign directly overhead while attempting to fully extend amt. Hold for 30 seconds. ATTEMPT 1) 2) 3) D. STEPPING DOWNIUP (must use stop watch) 8. Stand on curb in two-handed position. Begin timing on °ready, set, start." Step down with RIGHT leg first. Step over obstacles, walk past Mark #4, tum ATTEMPT 1) 2) 3) around, step over obstacles and back up on curb RIGHT leg first (end timing). ENTER total deductions if candidate touches boxes with foot while stepping over. TOTAL DEDUCTIONS: L! 9. Stand on curb in two-handed position. Begin timing "ready, set, start." Step down with LEFT leg first. Step over obstacles, walk past Mark #4, tum ATTEMPT 0tA 2) 3) around, step over obstacles and back up on curb LEFT leg first (end timing). <_N ENTER total deductions if candidate touches boxes with foot while stepping over. T93WY,OUCTIONS: E. AGILITY (must use stop watch) 10. Two-handed position: start on Mark #1, walk length of line making sure each ATTEMPT 1) 2) 3) 1 step touches line. Pass Mark #4, tum and return to Made #1 in same manner. ENTER total deductions if candidate's foot does NOT step on or touch center line TOTAL DEDUCTIONS: 11. Two-handed position: start on Mark #1, step into boxes in aftemating pattern left and right of center line. Pass Mark #4, tum and repeat procedure to ATTEMPT 1) 2) 3) return to starting position. ENTER total deductions if candidate steps on or touches any lines: TOTAL DEDUCTIONS: 12. Two-handed positron: start on Letter A facing center line, step side-to-side to the LEFT stepping into three (3) adjacent boxes without touching lines. ATTEMPT 1) 2) 3) Repeat procedure by stepping side-to-side to the RIGHT to return to original position. ENTER total deduction if candidate steps on or touches any lines: TOTAL DEDUCTIONS: F. CORE STRENGTH (must use stop watch and ACMS issued chair) 13. Place ACMS chair 3 ft. from the curb. Candidate rises from chair, steps down from curb and walks past mark #4 turns around and returns to sit in chair. ATTEMPT 1) 2) 3) 1 have completed the Functional Capacity Evaluation (FCE) on this date. I understand that: • the evaluation may be videotaped for quality control purposes and any images will be treated as confidential material. • the evaluation will be submitted for review and official scoring and I will be notified if 1 fail to achieve a passing score. • achieving a passing score Is mandatory for continued employment as a School Crossing Guard with ACMS. • if a passing score is not achieved on the first attempt, I will be provided with a second opportunity to pass the evaluation. • achieving a passing score does not exempt me from further evaluation(s) given at the discretion of the Company. I have requested and received a copy of this evaluation in Spanish. Employee Signature Initial He solicitado y recibido una copia de esta evaluacion an Espanol. WHITE =Corporate Copy YELLOW= Evaluator Copy PINK= Employee Copy (1/19) All City Management Services, Inc. FIELD OBSERVATION Your job performance was evaluated by a trained Field Observation Specialist on the date and shift shown above. To continue your employment, you must be in complete compliance with items 1-5 in Section A. If you are not in full compliance with these items, you will be subject to further disciplinary action, up to and including termination of employment. If you are not in full compliance with all items in Section B (1-12), this documentation will serve as a reminder of your previous training and you will be allowed an opportunity to improve your performance before further disciplinary action is taken. You may record your objections to this observation by submitting comments in writing to: ACMS Grievance Procedures, 10440 Pioneer Blvd, Suite 5, Santa Fe Springs, CA 90670 Employee's Signature Date Evaluator's / Supervisor's Signature EMP CODE; NH PREV CERT STATUS: AM MID PM I PASS FAIL RECHK F/O (mail / person) C/A DATE I YEAR SHIFT CITY DEPT GRADE INTERSECTION: • g�`d SCHOOL: 5Qt au0 SITE # GUARD SHOWN ON MATRIX: P \CvEO CNFRM: GUARD SEEN IF NOT SAME AS SHOWN ABOVE: REG I ALT SCHEDULE FOR THIS SHIFT: TIME OF OBSERVATION: DID GUARD ARRIVE ON TIME: YES NO DNO If NO, what time did guard arrive: CRCT POS DID GUARD LEAVE EARLY: YES NO DNO If YES, what time did guard leave: Y N ? A. MANDATORY COMPLIANCE - GUARD MUST SCORE "YES" ON 1-5 or receive mandatory disciplinary action No YES I. Does guard cross all pedestrians who will allow themselves to be crossed safety? 2. Does guard attempt to hold all pedestrians to curb on both sides of the street until guard takes control of the crosswalk? 3. Does guard make second attempt to hold to the curb those pedestrians who do not comply with the first attempt? 4. Does guard enter the intersection far enough to assume and maintain control of the crosswalk? 5. Is guard alert, attentive (not in car, no phone, reading, visitors, etc.) and at the crosswalk when not actively crossing? B. ADDITIONAL OBSERVATIONS - — l. Is guard wearing company issued hat with logo? 2. Is guard otherwise properly uniformed (clean/closed vest, ID badge, proper shoes and clothing)? 3. Does guard refrain from directing traffic under all circumstances? 4. Does gu2rd refrain from using hand signals other than stop) and give only voice commands topedestrians? 5. Does guard control use of bic cles, scooters, skateboards and/or rollerblades in crosswalk? 6. Does guard wait for prompt signal or adequate break in traffic before starting the cross? 7. Does guard look left -right -left for vehicles before stepping from curb? 8. Does guard continue to look in all directions for vehicles approaching the crosswalk during the entire cross? 9. Does guard maintain position primarily at edge of the crosswalk nearest to and facing the center of the intersection? 10. Does guard use two-handed cross with free hand extended in STOP signal to control edestrians a k ? 11. Does guard hold the STOP sign high above their head for entire time the at in the intersec ' a� v 12. Does guard demonstrate the necessary strength and agility to perform job safe) ? n O Your job performance was evaluated by a trained Field Observation Specialist on the date and shift shown above. To continue your employment, you must be in complete compliance with items 1-5 in Section A. If you are not in full compliance with these items, you will be subject to further disciplinary action, up to and including termination of employment. If you are not in full compliance with all items in Section B (1-12), this documentation will serve as a reminder of your previous training and you will be allowed an opportunity to improve your performance before further disciplinary action is taken. You may record your objections to this observation by submitting comments in writing to: ACMS Grievance Procedures, 10440 Pioneer Blvd, Suite 5, Santa Fe Springs, CA 90670 Employee's Signature Date Evaluator's / Supervisor's Signature EMP CODE; NH PREV CERT STATUS: ISSUED: F/O (mail / person) C/A (mil/person) SITE EVAL (mail / person) OBS CODE: ACTION: FCE2FCE SUSP SPVR: PHONE FCE2FCE AGREMNT: Y N TRANSMIT: Page of REV: 09 11 All City Management Services, Inc. FIELD TRAINING CHECK LIST As an Adult School Crossing Guard for ACMS, you must gain completoderstanding and working knowledge of each item listed. You are required to ask questions and/or practice each procet until you are able to perform the task from memory. Quo a��o Initial My initials on the check list above and my signature below indicate I have reviewed the outlined policies and procedures, had the opportunity to have my questions answered and understand my responsibilities to perform these duties. Additionally, I understand there is a zero tolerance policy for reporting to work late or leaving my post early. PRINT Name SIGN Name City/Department Date W01:lIlyl saMILIN-1 A. SCHEDULING Q 1. Must request time off as soon as possible but no later than 48 hours in advance. a. Emereemics with less than 48 hours notice will be charged and documented as an absence. Excess absences will result in disciplinary action. b. Same day emergencies require call to Emergency Dispatch Number 877.363.2267. Mustspeak with someone — no messages. 2. Alternates must report availability for work to their supervisor no later than noon Friday of the previous week 3. Must report to work on time and remain at their location for the entire scheduled shift. a. Zero tolerance Voli,y for arrwmg late or leavin eazl . B. PERSONAL CONDUCT 1. Must wear com an -issued high visibility hat with company logo. 2. Must alwa s be in proper uniform including clean vest, proper shoes and clothing, whistle ID badge. 3. Must be alert attentive and visible at intersection at all times while on duty. No sitting in car, no phone, no reading, no visitors etc. 4. Must demonstrate the necessary strength and agility to perform job safely. Successful completion of bi-annual Functional Capacity Evaluation is mandatory. C. PROCEDURES 1. Must cross all peds who will allow themselves to be crossed safely. May cross safely if peds follow your safety instructions 2. Must give safety instructions to all peds who approach crosswalk. a. Same side of street: look at pods, hold hand in stop signal, ask them to please wait until called/ look both ways before crossing. b. Opposite side of street: must show stop signal with hand and ask peds to wait until called 3. Must always attempt to hold all peds to the curb until guard has control of the crosswalk. a. Same side of street: following verbal instructions, use arms and stop sin as "gates" to hold peds to curb b. Opposite side of street: get attention of peds and hold up free hand in stop signal, ask them to "please wait" 4. If peds do not comply with first instruction to wait. must make second attempt a. For same side; when stepping off curb turn back to pedestrians, show stop signal with freehand and again give instructions to wait. b. For opposite side; continue to hold up free hand, show stop signal and continue to give instructions to wait 5. Must wait for prompt signal or adequate break in traffic before starting the cross. 6. Must croup pedestrians before crossing using intervals similar to those of a traffic signal. 8. Must look left -right -left for vehicles before stepping from curb. Don't just use your eyes; turn your head. 9. Must sound one long loud blast on the whistle when stepping from the curb. If using neck lanyard, must keep whistle in mouth. 10. Must bring all pedestrians into the street with voice signal only no hand signals to move forward). Speak loudly and clearly. 10. Must use a two-handed cross with free hand extended in STOP signal to control pedestrians and vehicles. Pay special attention to the Danger Zones presented by turning vehicles. 11. Must enter the intersection far enough to assume and maintain control over vehicles. Discuss right turns in lanes away from ward's position, controlled vs. non -controlled intersections traffic signals vs. stop signs, ' 12. Must maintain position primarily at edge of the crosswalk nearest to and facing the center of the intersection. 13. Must continue to guard against vehicles approaching or entering the crosswalk during the entire ROSS. a. Tum body toward moving vehicles and show face of stop sign. \. b. Use whistle to get motorists attention if necessary. 14. Must have all peds safely on the sidewalk before leaving intersection. Pay special attent� tl isles that still provide a threat on opposite side of street(moving forward or making right turns). tC 15. Must hold the STOP sign high above head for entire time in the crosswalk. tl 16. Must not direct traffic. Under no circumstances may uard show motorists an 3 nal Cher than STOP. 17. Must control the use of bicycles, scooters, skateboards and/or rollerblades by students prior to their entering the crosswalk a. Individuals on bicycles approaching crosswalk on the sidewalk either side of street) must be asked to walls bikes across street. b. Individual on skateboards must be asked to carry the skateboard across the street. c. Individuals on roller blades must be asked to skate slow enough to remain within the protection zone of the guard. My initials on the check list above and my signature below indicate I have reviewed the outlined policies and procedures, had the opportunity to have my questions answered and understand my responsibilities to perform these duties. Additionally, I understand there is a zero tolerance policy for reporting to work late or leaving my post early. PRINT Name SIGN Name City/Department Date W01:lIlyl saMILIN-1 d v U Wcn v U d o�`OE o- o �G tJ� T •� 9 rn N • 3 Q 5 v T 9 mE 3 u "dr _a o }�? 5,13 N Q 0 0 2 0. yam• U lA w q N .J Bp b u p O XSC t C p L' u •a pb o m 3 c c a 0A.t; s°' So Go SG H o mi .Fi o •Go o 9 mA :p ev t W 5 W 0 5 m'b €�z9� mag o� g�sc qN y 3 u C 9 W F Oo V.o tl 0 ao i+'. a. •g�'a�m�3 _om�va S'3 '� N w° .-1 .o. •c •S o u :E 9, Es 43 U w 6' V C7 3 .a W •u o. Q° .S 3 u d o ~¢ w �s Uo'a 2 C4 4 PROPOSAL COST SHEET AND RATES Proposed Hourly Rate Year 1 (2023/2024) With Professional Liability As a full-service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Rosemead, CA Crossing Guard Program. Proposed Hourly Rate: Forty-one Dollars and Twenty Cents ($41.20) per hour, per guard. This pricing is based upon 19 crossing guards compensated for an average of 3.5 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 11,970 hours, we project a Not to Exceed price of $493,164. Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Rosemead would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City. The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City. ACMS Contact Information Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290 Fax number: 310.202.8325 Website address: www.thecrossingguardcompany.com 24 Hour Emergency Dispatch: 877.363.2267 General Manager: Baron Farwell: baron@thecrossingguardcompany.com Vice President of Operations: Patricia Pohl: pat@thecrossingguardcompany.com Director of Marketing: Harlan Sims: harlan thecrossingguardcompan Controller: John Varner jvarner@thecrossingguardcompany.com This pricing is valid for a period of 90 days. KI Proposed Hourly Rate Year 2 (2024/2025) With Professional Liability As a full-service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Rosemead, CA Crossing Guard Program. Proposed Hourly Rate: Forty-five Dollars and Forty-five Cents ($45.45) per hour, per guard. This pricing is based upon 19 crossing guards compensated for an average of 3.5 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 11,970 hours, we project a Not to Exceed price of $544,037. Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Rosemead would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City. The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City. ACMS Contact Information Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290 Fax number: 310.202.8325 Website address: www.thecrossingguardeompany.com 24 Hour Emergency Dispatch: 877.363.2267 General Manager: Baron Farwell: baron@thecrossingguardcompany.com Vice President of Operations: Patricia Pohl: pat@thecrossingguardcompany.com Director of Marketing: Harlan Sims: harlanCa thecrossineeuardcomoanv.com Controller: John Varner jvamer@thecrossingguardcompany.com This pricing is valid for a period of 90 days. 27 Proposed Hourly Rate Year 3 (2025/2026) With Professional Liability As a full-service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Rosemead, CA Crossing Guard Program. Proposed Hourly Rate: Forty-five Dollars and Forty-five Cents ($45.45) per hour, per guard. This pricing is based upon 19 crossing guards compensated for an average of 3.5 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 11,970 hours, we project a Not to Exceed price of $544,037. Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Rosemead would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City. The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City. ACMS Contact Information Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290 Fax number: 310.202.8325 Website address: www.thecrossingguardcompany.com 24 Hour Emergency Dispatch: 877.363.2267 General Manager: Baron Farwell: baron@thecrossingguardcompany.com Vice President of Operations: Patricia Pohl: pat@thecrossingguardcompany.com Director of Marketing: Harlan Sims: harlan(a,thecrossingguardcomnanv.com Controller: John Varner jvamer@thecrossingguardcompany.com This pricing is valid for a period of 90 days. 28 ADDITIONAL PROPOSAL CONTENT Requested Exception Narrative 1. Attachment A — Sample Professional Services Agreement; 3.5.6 Indemnification Exception: If awarded, we request to include shared liability language in the event ofa claim. Please see our preferred indemnification language included in our "Services Contract" on pages 35 through 36 of our RFP response. We hope the Cityfinds this request reasonable and acceptable. 2. Exhibit B — Insurance Requirements; Technology Professional Liability or Errors and Omissions Insurance Exception: If awarded, we would request this insurance requirement to be waived. This type of insurance is a non-standard for our industry and results in an unnecessary expense for the City. This type of coverage is usually required for true professional services such as design, engineering, architecture, construction, legal and medical. In an effort to obtain the requested insurance coverage we reached out to our insurance carrier for a quote, please see their feedback below. "We have sent out an application for Professional Liability Insurance coverage to thirteen (13) different insurance companies to request a quote. Half of these insurance companies declined the request because they do not feel ACMS has professional liability exposure. " Audra Powers, CIC, CRM Client Services Executive Team Leader CA Insurance License #QB50182 T.• 949 544 8475 / F: 8858 452 7530 Audrapowers(7a.marshmma.earn /MarshMMA.com Please see our attached program pricing without Professional Liability- Insurance on pages 30 through 32 of our RFP response. We hope the Cityfinds this request reasonable and acceptable 29 Proposed Hourly Rate Year 1 (2023/2024) Without Professional Liability As a full-service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Rosemead, CA Crossing Guard Program. Proposed Hourly Rate: Thirty Dollars and Eighty-eight Cents ($30.88) per hour, per guard. This pricing is based upon 19 crossing guards compensated for an average of 3.5 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 11,970 hours, we project a Not to Exceed price of $369,634. Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Rosemead would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City. The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City. ACMS Contact Information Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290 Fax number: 310.202.8325 Website address: www.thecrossingguardcompany.com 24 Hour Emergency Dispatch: 877.363.2267 General Manager: Baron Farwell: baron@thecrossingguardcompany.com Vice President of Operations: Patricia Pohl: pat@thecrossingguardcompany.com Director of Marketing: Harlan Sims: harlanOthecrossingguardcomganv.com Controller: John Varner jvarner@thecrossingguardcompany.com This pricing is valid for a period of 90 days. 30 Proposed Hourly Rate Year 2 (2024/2025) Without Professional Liability As a full-service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Rosemead, CA Crossing Guard Program. Proposed Hourly Rate: Thirty-two Dollars and Forty-eight Cents ($32.48) per hour, per guard. This pricing is based upon 19 crossing guards compensated for an average of 3.5 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 11,970 hours, we project a Not to Exceed price of $388,786. Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Rosemead would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City. The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City. ACMS Contact Information Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290 Fax number: 310.202.8325 Website address: www.thecrossingguardeompany.com 24 Hour Emergency Dispatch: 877.363.2267 General Manager: Baron Farwell: baron@thecrossingguardcompany.com Vice President of Operations: Patricia Pohl: pat@thecrossingguardcompany.com Director of Marketing: Harlan Sims: harlana thecrossingguardcompanv.com Controller: John Varner jvamer@thecrossingguardcompany.com This pricing is valid for a period of 90 days. 31 Proposed Hourly Rate Year 3 (2025/2026) Without Professional Liability As a full-service contractor, the hourly rate quoted is a fully loaded rate, meaning all of our costs are included in the proposed hourly billing rate. This would include but not limited to; recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Rosemead, CA Crossing Guard Program. Proposed Hourly Rate: Thirty-two Dollars and Forty-eight Cents ($32.48) per hour, per guard. This pricing is based upon 19 crossing guards compensated for an average of 3.5 hours per day, for 180 school days annually. Local field supervision and substitute guards are also included in the rate, as are all other costs except as noted below. Based upon 11,970 hours, we project a Not to Exceed price of $388,786. Invoices for services are mailed every two weeks. Included with each invoice is a Work Summary, which details each site, each day and the hours worked at that site. City of Rosemead would only be billed for Crossing Guard services rendered on designated "school days" unless otherwise requested by the City. The hourly rate does not include additional safety equipment, crosswalk delineators, cones or safety devices. If the City should desire any such additional equipment the additional cost would be billed to the City. ACMS Contact Information Business Address: 10440 Pioneer Blvd, Suite 5 Santa Fe Springs, CA 90670 Phone numbers: 310.202.8284 or 800.540.9290 Fax number: 310.202.8325 Website address: www.thecrossingguardeompany.com 24 Hour Emergency Dispatch: 877.363.2267 General Manager: Baron Farwell: baron@thecrossingguardcompany.com Vice President of Operations: Patricia Pohl: pat@thecrossingguardcompany.com Director of Marketing: Harlan Sims: harlan(4thecrossingguardcompanL Controller: John Varner jvamer@thecrossingguardcompany.com This pricing is valid for a period of 90 days. 32 AGREEMENT FOR CROSSING GUARD SERVICES Without Professional Liability Insurance This AGREEMENT FOR CROSSING GUARD SERVICES (the "Agreement") is dated April _, 2023 and is between the CITY OF ROSEMEAD (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor"). WITNESSETH The parties hereto have mutually covenanted and agreed as follows: This Agreement is for a term which commences on or about July 1, 2023, and ends on June 30, 2026, and for such term thereafter as the parties may agree upon. 2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a "Crossing Guard." Contractor will perform criminal background checks and confirm employment eligibility through E - Verify on all prospective personnel. The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City. The City's representative in dealing with the Contractor shall be designated by the City of Rosemead. 4. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor. The Contractor shall provide at each designated location personnel professionally trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. 6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed. 7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas. 8. Crossing Guard Services (the "Services") shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under the City's jurisdiction. The 33 Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling. 9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be wom at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary. 10. Insurance• General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $5,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Umbrella or excess liability insurance. [If required to meet higher limits]. Contractor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer. • "Pay on behalf of wording as opposed to "reimbursement." -Concurrency of effective dates with primary policies. Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer's liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City, the Rosemead and Garvey School District, and their respective officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. 34 Primary/non-contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor's insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the City immediately in the event of Contractor's failure to renew any of the required insurance coverages or insurer's cancellation or non -renewal. 11. Indemnification: Contractor agrees to defend, indemnify and hold harmless the City, the Rosemead and Garvey School District's and their respective Council members, board members, officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a "Claim" and collectively, the "Claims") that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees in the performance of the Services under this Agreement. Contractor's duty to defend and indemnify shall not extend to any Claims arising out of the City or Rosemead and Garvey School District's sole negligence. 35 a) Contractor will defend any action or actions filed in connection with any Claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses including attorney's fees. incurred in connection herewith. b) In the event the City or Rosemead and Garvey School District's, their officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such Claim or damages arising out of or in connection with the negligence of Contractor hereunder, Contractor agrees to pay City and/or Rosemead and Garvey School District's, their officers, agents, or employees, any and all costs and expenses incurred by the City and/or Rosemead and Garvey School District, their officers, agents, or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees. C) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of City or Rosemead and Garvey School District's, liability will be apportioned between Contractor and City or Rosemead and Garvey School District based upon the parties' respective degrees of culpability, as determined by the court, and Contractor's duty to indemnify City and Rosemead and Garvey School District will be limited to Contractor's proportionate share of liability accordingly. 12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party. 13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City. 14. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty Dollars and Eighty-eight Cents ($30.88) per hour, per Crossing Guard during the term. Based on a minimum of nineteen (19) sites and upon a projected (11,970) hours of service the cost shall not exceed Three Hundred Sixty-nine Thousand, Six Hundred and Tbirty-four Dollars ($369,634.00) for the 2023-2024 School Year, unless Contractor fails to perform service. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty-two Dollars and Forty-eight Cents ($32.48) per hour, per Crossing Guard during the term. Based on a minimum of nineteen (19) sites and upon a projected (11,970) hours of service the cost shall not exceed Three Hundred Eighty-eight Thousand, Seven Hundred and Eighty-six Dollars ($388,786.00) for the 2024-2025 School Year, unless Contractor fails to perform service. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty-two Dollars and Forty-eight Cents ($32.48) per hour, per Crossing Guard during the term. Based on a minimum of nineteen (19) sites and upon a projected (11,970) hours of service the cost shall not exceed Three Hundred Eighty-eight Thousand, Seven Hundred and Eighty-six Dollars ($388,786.00) for the 2025-2026 School Year, unless Contractor fails to perform service. 15. Payment is due within thirty (30) days of receipt of Contractor's properly prepared invoice. 36 16. Contractor may request a price increase during the term as a result of any legally mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor's employees would be subject. Contractor shall provide the City with 60 days' notice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt. 17. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties. 18 This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect. [SIGNATURES FOLLOW ON NEXT PAGE] 37 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below. CITY CONTRACTOR City of Rosemead All City Management Services, Inc. a Signature Print Name and Title D. Farwell, Corporate Secretary W. Attachment C All City Management Services, Inc. Agreement ti AGREEMENT FOR CROSSING GUARD SERVICES Without Professional Liability Insurance This AGREEMENT FOR CROSSING GUARD SERVICES (the "Agreement") is dated June 2023 and is between the CITY OF ROSEMEAD (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor"). WITNESSETH The parties hereto have mutually covenanted and agreed as follows: This Agreement is for a term which commences on or about July 1, 2023, and ends on June 30, 2026, and for such term thereafter as the parties may agree upon. 2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a "Crossing Guard." Contractor will perform criminal background checks and confirm employment eligibility through E - Verify on all prospective personnel. The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City. 3. The City's representative in dealing with the Contractor shall be designated by the City of Rosemead. 4. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor. The Contractor shall provide at each designated location personnel professionally trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement. 5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. 6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed. 7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas. 8. Crossing Guard Services (the "Services") shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under the City's jurisdiction. The 33 Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling. 9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be wom at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand-held Stop signs and any other safety equipment which may be necessary. 10. Insurance: General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $5,000,000 per occurrence, $5,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. Umbrella or excess liability insurance. [If required to meet higher limits]. Contractor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer. • "Pay on behalf of' wording as opposed to "reimbursement." -Concurrency of effective dates with primary policies. Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer's liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies. Workers' compensation insurance. Contractor shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers. Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City, the Rosemead and Garvey School District, and their respective officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. 34 Primary/non-contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self- insurance shall be called upon to protect it as a named insured. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subconsultants. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any parry or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor's insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the City immediately in the event of Contractor's failure to renew any of the required insurance coverages or insurer's cancellation or non -renewal. 11. Indemnification: Contractor agrees to defend, indemnify and hold harmless the City, the Rosemead and Garvey School District's and their respective Council members, board members, officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a "Claim" and collectively, the "Claims") that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees in the performance of the Services under this Agreement. Contractor's duty to defend and indemnify shall not extend to any Claims arising out of the City or Rosemead and Garvey School District's sole negligence. 35 a) Contractor will defend any action or actions filed in connection with any Claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses including attorney's fees. incurred in connection herewith. b) In the event the City or Rosemead and Garvey School District's, their officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such Claim or damages arising out of or in connection with the negligence of Contractor hereunder, Contractor agrees to pay City and/or Rosemead and Garvey School District's, their officers, agents, or employees, any and all costs and expenses incurred by the City and/or Rosemead and Garvey School District, their officers, agents, or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees. C) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of City or Rosemead and Garvey School District's, liability will be apportioned between Contractor and City or Rosemead and Garvey School District based upon the parties' respective degrees of culpability, as determined by the court, and Contractor's duty to indemnify City and Rosemead and Garvey School District will be limited to Contractor's proportionate share of liability accordingly. 12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party. 13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City. 14. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty Dollars and Eighty-eight Cents ($30.88) per hour, per Crossing Guard during the term. Based on a minimum of sixteen (16) sites and upon a projected (10,080) hours of service the cost shall not exceed Three Hundred Eleven Thousand, Two Hundred and Seventy-one Dollars ($311,271.00) for the 2023-2024 School Year, unless Contractor fails to perform service. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty-two Dollars and Ninety-nine Cents ($32.99) per hour, per Crossing Guard during the term. Based on a minimum of sixteen (16) sites and upon a projected (10,080) hours of service the cost shall not exceed Three Hundred Thirty-two Thousand, Five Hundred and Thirty-nine Dollars ($332,539.00) for the 2024-2025 School Year, unless Contractor fails to perform service. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Thirty-two Dollars and Ninety-nine Cents ($32.99) per hour, per Crossing Guard during the term. Based on a minimum of sixteen (16) sites and upon a projected (10,080) hours of service the cost shall not exceed Three Hundred Thirty-two Thousand, Five Hundred and Thirty-nine Dollars ($332,539.00) for the 2025-2026 School Year, unless Contractor fails to perform service. 15. Payment is due within thirty (30) days of receipt of Contractor's properly prepared invoice. 36 16. Contractor may request a price increase during the term as a result of any legally mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor's employees would be subject. Contractor shall provide the City with 60 days' notice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt. 17. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties. 18 This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect. [SIGNATURES FOLLOW ON NEXT PAGE] 37 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below. CITY CONTRACTOR City of Rosemead All City Management Services, Inc. M Signature Print Name and Title Date al Date D. Farwell, Corporate Secretary 36 Attachment D Rosemead School District Agreement CROSSING GUARD PROGRAM AGREEMENT 2023/24 FISCAL YEAR SCHOOL DISTRICT: Rosemead School District ADDRESS: 3907 Rosemead Blvd., Rosemead, CA 91770 PHONE: (626) 312- 2900 This "Agreement" made and entered into by and between the City of Rosemead, hereinafter called "City," and the Rosemead School District hereinafter called the "District." WHEREAS, the City and the District are committed to facilitating student pedestrian safety; and WHEREAS, the City and the District desire to have the City provide a crossing guard program through shared financial contributions towards the operations of the program. WITNESSETH: The City and District hereby contract and agree as follows: Crossing Guard Program. The City shall provide the District a crossing guard service for the amount described in this Agreement, seven (7) fully trained crossing guards to serve at school sites in assisting with student pedestrian safety. The crossing guards will be deployed at locations and times determined by the District. Compensation and Hours Provided. The hourly billing rate for this Agreement shall be $30.88 per hour at a weekly average not to exceed 3.5 hours per day for 180 school days annually. 3. Term. The term of this Agreement shall be for the 2023/24 Fiscal Year, which begins on July 1, 2023, and ends on June 30, 2024. 4. Payment schedule. Payments from the District to the City shall be made in two installments at the end of each semester, with the first payment to be made in January of 2024 and the second payment to be made in May of 2024. Based on an estimate of 180 school days and a maximum weekly average of 3.5 hours per day, the amounts of the two biannual checks shall not exceed thirty-four thousand, forty-five dollars, and twenty cents ($34,045.20). The maximum anticipated annual payment to the City by the District is $68,090.40 (one- half of the estimated costs). 5. Insurance and Indemnification. The District, its elected and appointed officers, employees, and agents shall be named as "additional insureds" on the contractor's insurance for the performance of this Agreement and the contractor shall furnish the City, concurrently with the execution hereof, with satisfactory proof of coverage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. In exchange for the City providing the crossing guard services under this Agreement, the District hereby fully waives, releases and discharges the City of Rosemead and its officers, officials, employees, volunteers and agents from any and all claims, demands, causes of action, damages and liabilities related to or arising out of this Agreement. 6. Entire Agreement. This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 7. Notices. Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Ben Kim, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Alejandro Ruvalcaba, Superintendent 3907 Rosemead Blvd. Rosemead, CA 91770 8. Waiver. Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. 9. Administration. This Agreement shall be administered by the City through its City Manager and/or his/her designee. This Agreement shall be administered by District through its Superintendent and/or his/her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. CITY OF ROSEMEAD ROSEMEAD SCHOOL DISTRICT Approved by: Approved by: Ben Kim, City Manager Date Alejandro Ruvalcaba, Superintendent Attest: Ericka Hernandez, City Clerk Approved as to Form: Rachel Richman, City Attorney Date Date Date Attachment E Garvey School District Agreement CROSSING GUARD PROGRAM AGREEMENT 2023/24 FISCAL YEAR SCHOOL DISTRICT: Garvey School District ADDRESS: 2730 North Del Mar Ave., Rosemead, CA 91770 PHONE: (626) 307- 3404 This "Agreement" made and entered into by and between the City of Rosemead, hereinafter called "City," and the Garvey School District hereinafter called the "District." WHEREAS, the City and the District are committed to facilitating student pedestrian safety; and WHEREAS, the City and the District desire to have the City provide a crossing guard program through shared financial contributions towards the operations of the program. WITNESSETH: The City and District hereby contract and agree as follows: 1. Crossing Guard Program. The City shall provide the District a crossing guard service for the amount described in this Agreement, nine (9) fully trained crossing guards to serve at school sites in assisting with student pedestrian safety. The crossing guards will be deployed at locations and times determined by the District. 2. Compensation and Hours Provided. The hourly billing rate for this Agreement shall be $30.88 per hour at a weekly average not to exceed 3.5 hours per day for 180 school days annually. 3. Term. The term of this Agreement shall be for the 2023/24 Fiscal Year, which begins on July 1, 2023, and ends on June 30, 2024. 4. Payment schedule. Payments from the District to the City shall be made in two installments at the end of each semester, with the first payment to be made in January of 2024 and the second payment to be made in May of 2024. Based on an estimate of 180 school days and a maximum weekly average of 3.5 hours per day, the amounts of the two biannual checks shall not exceed forty-three thousand, seven hundred and seventy-two dollars, and forty cents ($43,772.40). The maximum anticipated annual payment to the City by the District is $87,544.80 (one-half of the estimated costs). 5. Insurance and Indemnification. The District, its elected and appointed officers, employees, and agents shall be named as "additional insureds" on the contractor's insurance for the performance of this Agreement and the contractor shall furnish the City, concurrently with the execution hereof, with satisfactory proof of coverage of the insurance required, and adequate legal assurance that each carrier will give the City at least thirty (30) days prior notice of the cancellation of any policy during the effective period of the contract. In exchange for the City providing the crossing guard services under this Agreement, the District hereby fully waives, releases and discharges the City of Rosemead and its officers, officials, employees, volunteers and agents from any and all claims, demands, causes of action, damages and liabilities related to or arising out of this Agreement. 6. Entire Agreement. This Agreement supersedes any and all Agreements either oral or written, between the parties, and contains all of the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral otherwise relative to this subject matter exists between the parties at the time of execution of the Agreement. Any modifications of this Agreement will be effective if it is in writing and signed by both parties. 7. Notices. Any notice required to be given under the terms of this Agreement may be mailed first class, postage prepaid as follows: If to City: Ben Kim, City Manager 8838 E. Valley Blvd. Rosemead, CA 91770 If to District: Dr. Anita Chu, Superintendent 2730 N. Del Mar Ave. Rosemead, CA 91770 8. Waiver. Any waiver by either party of any breach of the other of one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other term thereof. Failure of either party to require exact, full and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof or stopping such party from enforcement hereof. 9. Administration. This Agreement shall be administered by the City through its City Manager and/or his/her designee. This Agreement shall be administered by District through its Superintendent and/or his/her designee. The parties shall provide each other written notification of persons designated other than the City Manager or Superintendent to administer this Agreement. In witness whereof the parties hereto have subscribed to this agreement by the signature of its authorized representative below. [eIYaw '1T1Z.yFlu1W4:'U Approved by: Ben Kim, City Manager Attest: Ericka Hernandez, City Clerk Approved as to Form: Rachel Richman, City Attorney GARVEY SCHOOL DISTRICT Approved by: Date Dr. Anita Chu, Superintendent Date Date Date