HomeMy WebLinkAboutItem 11f - Crossing Guard Services and Budget AppropriationDATE: August 16, 2022
TO: Honorable Mayor and City Council
FROM: Roy Nakamura, Chief of Police
By: Amber Abeyta, Management Analyst
SUBJECT: RESOLUTION NO. 7457 AMENDING THE FISCAL YEAR 2022-23
GENERAL FUND AND AUTHORIZING A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE POLICE DEPARTMENT FOR CROSSING
GUARD SERVICES IN THE AMOUNT OF $15,820, OFFSET BY A
REDUCTION IN THE GENERAL FUND RESERVE; AND PROFESSIONAL
SERVICES AGREEMENT WITH ALL CITY MANAGEMENT SERVICES
Recommendation: Adopt and Approve
SUMMARY
The City has a Professional Services Agreement with All City Management Services for
crossing guard services, which expired on June 30, 2022. A Request for Proposals
(“RFP”) was issued on May 16, 2022. One proposal was received in response to the
RFP, which was submitted by the City’s current crossing guard services contractor, All
City Management Services (“ACMS”). It is recommended that the City Council adopt
Resolution No. 7457 amending the Fiscal Year 2022-23 General Fund Budget
authorizing a supplemental appropriation in the Police Department for crossing guard
services in the amount of $15,820, offset by a reduction in the General Fund Reserve;
and approve, and authorize and direct the City Manager to execute a Professional
Services Agreement with ACMS for the period of September 1, 2022, through June 30,
2025, with an option of three, one-year renewals.
BACKGROUND
In 2000, as a long-term cost savings strategy, the City opted to enter into a Professional
Services Agreement with ACMS to provide crossing guards for the City of Arcadia.
ACMS is a full-service contractor that specializes in providing school crossing guard
services. The company provides services to handle recruitment, local hiring, conducting
background clearance in compliance with Department of Justice standards, initial and
ongoing training, payroll and administrative support, coordination of assigning qualified
substitutes during absences, local supervision, and communicating with school and site
safety inspectors. They have been in business since 1985, are currently the largest
Resolution No. 7457 and Professional Services Agreement with ACMS for Crossing
Guard Services
August 16, 2022
Page 2 of 4
provider of school crossing guard services in the area and employ over 3,500 crossing
guards for over 150 agencies, including 12 local agencies.
Prior to contracting with a crossing guard service provider, City staff provided crossing
guard services and the Arcadia Police Department (“Department”) managed the
operation. The Department was continually using staff members, including police
officers, to fill vacant posts that occurred because of sickness or injury to crossing
guards. For the past 22 years while this service has been contracted out, the
Department has not had to use any staff, nor been required to provide oversight to
crossing guard operations, other than designating a staff member to monitor Agreement
compliance. Further, the City has recognized a cost savings in worker’s compensation
insurance and liability management.
It should be noted that the contract with ACMS which expired on June 30, 2022, has been
extended to August 31, 2022, to ensure crossing guard services are available when
schools reopen on August 17-18, 2022.
DISCUSSION
An RFP was issued on May 16, 2022. The RFP was also published twice in the Arcadia
Weekly as well as listed on the City of Arcadia’s website. After a one-month submission
period, one crossing guard services proposal was received from the City’s current
provider, ACMS. Prior to opening the RFP, the Department researched other contract
companies available to provide crossing guard services in the San Gabriel Valley and
reached out to neighboring cities for recommendations. It was discovered that ACMS is
the only company that has responded to various local RFPs for Crossing Guard
Services for the past several years and is believed to be the only company that currently
provides crossing guard services in the area.
The proposal provided by ACMS meets all the requirements of the RFP. The cost
proposed by ACMS for the first three years of the PSA will start at $289,920 for Year 1
(FY 2022-23), followed by $303,736 for Year 2 (FY 2023-24) and will remain the same
at $303,736 for Year 3 (FY2024-25). In addition, ACMS has requested that during the
PSA term the City allow a request for a price increase due to any legally mandated
increases in wages and benefits imposed in the state or municipality in which the
services are to be performed and to which ACMS’ employees would be subject to.
The overall proposed cost compared to the last year (FY 2021-22) of the ACMS
contract with the City is an increase of approximately 15%; with 11% occurring during
Year 1, 4% during Year 2 and no increase during Year 3. According to ACMS, the
increase in cost is due to hiring challenges that have impacted all sectors of the labor
market, across the nation. In addition, ACMS’s workforce has historically maintained an
average age of approximately 64 years old. Since COVID and as a direct result of lives
lost and the risks inherent with this age group, ACMS has lost a significant portion of
Resolution No. 7457 and Professional Services Agreement with ACMS for Crossing
Guard Services
August 16, 2022
Page 3 of 4
their workforce. The net effect has been a younger workforce that expects and demands
wages higher than minimum wage. Furthermore, factor in a higher cost of living, the
rising cost of gas with most crossing guards required to go back and for to work
between two-to-four times a day, the demand for higher wages is predictable and
warranted.
The amount budgeted in the Department’s Fiscal Year 2022-23 Operating Budget for
crossing guard services is $274,100 and does not cover the total cost proposed by
ACMS for Year 1, which is $289,920. Therefore, a budget appropriation in the amount
of $15,820 is being requested to cover this unforeseen cost increase.
All City Management Services has provided satisfactory services over time and has the
skills and staffing necessary to carry out the services required in the proposed
Agreement. Therefore, it is recommended that the City Council adopt Resolution
No.7457 to cover the increase in crossing guard costs for Fiscal Year 2022-23; and
approve a new Agreement with ACMS for crossing guard services for the period of
September 1, 2022, through June 30, 2025, with the option to renew on a year-to-year
basis for three additional one-year periods.
ENVIORNMENTAL ANALYSIS
The proposed action does not constitute a project under the California Environmental
Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can
be seen with certainty that it will have no impact on the environment. Thus, this matter is
exempt under CEQA.
FISCAL IMPACT
Most of the cost ($274,100) for Year 1 has been budgeted in the Department’s Fiscal
Year 2022-23 Operating Budget; however, a budget appropriation in the amount of
$15,820 is needed to cover this year’s remaining balance. The remaining years will be
budgeted in their respective Operating Budgets for Fiscal Year 2023-24 and Fiscal Year
2024-25.
RECOMMENDATION
It is recommended that the City Council determine that this action does not constitute a
project and is therefore, exempt under, the California Environmental Quality Act
(“CEQA”); and adopt Resolution No. 7457 amending the Fiscal Year 2022-23 General
Fund Budget authorizing a supplemental appropriation in the Police Department for
crossing guard services in the amount of $15,820, offset by a reduction in the General
Fund Reserve; and approve, and authorize and direct the City Manager to execute a
Professional Services Agreement with All City Management Services.
Resolution No. 7457 and Professional Services Agreement with ACMS for Crossing
Guard Services
August 16, 2022
Page 4 of 4
Attachments: Proposed Professional Services Agreement with ACMS
Resolution No. 7457 for Fiscal Year 2022-23 Crossing Guard Services
Budget Appropriation
1
Updated Feb. 2020
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT REGARDING
CROSSING GUARD SERVICES
This Agreement is made and entered into as of ________________, 20____ by and
between the City of Arcadia, a municipal corporation organized and operating under the laws of
the State of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 (“City”), and All City Management Services, a California Corporation with its
principal place of business at 10440 Pioneer Blvd, Suite 5, Santa Fe Springs, CA, 90670
(hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred
to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Crossing Guard Services
(hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit “B.”
b. The total amount paid for services rendered by the Consultant under this
Agreement is the sum of eight hundred ninety-seven thousand, three hundred ninety-two dollars
($897,392). Periodic payments shall be made within 30 days of receipt of an invoice which
includes a detailed description of the work performed. Payments to Consultant for work
performed will be made on a monthly billing basis. In addition, during this term the Consultant
may request a price increase due to any legally mandated increases in wages and benefits
imposed in the state or municipality in which the services are to be performed and to which the
Consultants’ employees would be subject to.
2
Updated Feb. 2020
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations
with the other party indicate that a change is warranted, it shall be processed in the following
manner: a letter outlining the changes shall be forwarded to the City by Consultant with a
statement of estimated changes in fee or time schedule. An amendment to this Agreement shall
be prepared by the City and executed by both Parties before performance of such services, or
the City will not be required to pay for the changes in the scope of work. Such amendment shall
not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during the
contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Term
The term of this Agreement shall be from September 1, 2022, through June 30, 2025,
unless earlier terminated as provided herein. The City shall solely have the option to extend the
initial Term for up to three (3) successive one-year periods, which shall be deemed to be part of
the Term upon exercise of such option by means of written notice to Consultant. Consultant shall
perform its services in a prompt and timely manner within the term of this Agreement and shall
commence performance upon receipt of written notice from the City to proceed (“Notice to
Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for
delays in performance caused by circumstances beyond the reasonable control of the non-
performing party. For purposes of this Agreement, such circumstances include but are not limited
to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil
disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or
judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
3
Updated Feb. 2020
c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of
hazardous and toxic substances spilled as a result of his or her services or operations performed
under this Agreement.
8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract until
it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance
of all work under this Agreement, in amounts not less than specified herein, Commercial General
Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
4
Updated Feb. 2020
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Agreement
(8) Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured
against another; (3) products/completed operations liability; or (4) contain any other exclusion
contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status using ISO endorsement forms CG 20 10
10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and with
insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section
3700 of the California Labor Code which requires every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in accordance with the provisions of
that code, and he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any time during the term
of this Agreement, at all times during the performance of the work under this Agreement, the
Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
“Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts
5
Updated Feb. 2020
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period
required by this Agreement, workers’ compensation coverage of the same type and limits as
specified in this section.
d. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer’s Liability $1,000,000 per occurrence
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
e. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence
of insurance from an insurer or insurers certifying to the coverage of all insurance required
herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent)
signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or
equivalent), together with required endorsements. All evidence of insurance shall be signed by
a properly authorized officer, agent, or qualified representative of the insurer and shall certify the
names of the insured, any additional insureds, where appropriate, the type and amount of the
insurance, the location and operations to which the insurance applies, and the expiration date of
such insurance.
f. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the Consultant
shall provide at least ten (10) days prior written notice of cancellation of any such policy due to
non-payment of premium. If any of the required coverage is cancelled or expires during the term
of this Agreement, the Consultant shall deliver renewal certificate(s) including the General
Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective
date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant’s policy is primary insurance and that any
6
Updated Feb. 2020
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the
policy is replaced by another claims-made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City
and shall not preclude the City from taking such other actions available to the City under other
provisions of the Agreement or law.
g. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
h. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
7
Updated Feb. 2020
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
i. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have provided
evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or
subconsultants shall be endorsed to name the City as an additional insured using ISO form CG
20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant,
City may approve different scopes or minimum limits of insurance for particular subcontractors
or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel
of City’s choosing), 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 of any kind, in law or equity, to property or persons, including
wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or
omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors,
consultants or agents in connection with the performance of the Consultant’s services, the Project
or this Agreement, including without limitation the payment of all damages, expert witness fees
and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials,
officers, employees, agents, or volunteers.
b. To the extent required by Civil Code section 2782.8, which is fully
incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims
that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify,
and/or hold harmless arise out of Consultant’s performance of “design professional services” (as
that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final
adjudication that liability under a claim is caused by the comparative active negligence or willful
misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established
comparative liability of the City and shall not exceed the Consultant’s proportionate percentage
of fault.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections
1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the
performance of other requirements on certain “public works” and “maintenance” projects
(“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration,
demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage
Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and
8
Updated Feb. 2020
agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon
the Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775),
employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code
Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment
of contractors and subcontractors (Labor Code Section 1777.1).
b. If the services are being performed as part of an applicable “public works”
or “maintenance” project and if the total compensation is $15,000 or more for maintenance or
$25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to
Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such
services must be registered with the Department of Industrial Relations. Consultant shall maintain
registration for the duration of the Project and require the same of any subconsultants, as
applicable. This Project may also be subject to compliance monitoring and enforcement by the
Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all
applicable registration and labor compliance requirements.
c. This Agreement may also be subject to compliance monitoring and
enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility
to comply with all applicable registration and labor compliance requirements. Any stop orders
issued by the Department of Industrial Relations against Consultant or any subcontractor that
affect Consultant’s performance of services, including any delay, shall be Consultant’s sole
responsibility. Any delay arising out of or resulting from such stop orders shall be considered
Consultant caused delay and shall not be compensable by the City. Consultant shall defend,
indemnify and hold the City, its officials, officers, employees and agents free and harmless from
any claim or liability arising out of stop orders issued by the Department of Industrial Relations
against Consultant or any subcontractor.
14. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements
and restrictions of state and federal law respecting the employment of undocumented aliens,
including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended
from time to time, and shall require all subconsultants and sub-subconsultants to comply with the
same.
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be
brought in a state or federal court situated in the County of Los Angeles, State of California.
16 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event,
City shall be immediately given title and possession to all original field notes, drawings and
specifications, written reports and other documents produced or developed for that portion of the
work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
9
Updated Feb. 2020
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Agreement through no fault of
Consultant.
17 Documents. Except as otherwise provided in “Termination or Abandonment,”
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in this
Agreement, be furnished to and become the property of the City.
18. Organization
Consultant shall assign David Mecusker as Project Manager. The Project Manager shall
not be removed from the Project or reassigned without the prior written consent of the City.
19. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given
or delivered by depositing the same in any United States Post Office, certified mail, return receipt
requested, postage prepaid, addressed to:
CITY:
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: John Bonomo, Administrative Sergeant
CONSULTANT:
All City Management Services
10440 Pioneer Blvd., Suite 5
Santa Fe Springs, CA 90670
Attn: David Mecusker, Marketing & Contracts
Manager
and shall be effective upon receipt thereof.
10
Updated Feb. 2020
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other
than the City and the Consultant.
22. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. 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.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not incorporated
herein, and that any other agreements shall be void. This Agreement may not be modified or
altered except in writing signed by both Parties hereto. This is an integrated Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted assignment
without such consent shall be invalid and void.
26. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with
this Project or other projects.
11
Updated Feb. 2020
29. 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. 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
director, official, 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.
When funding for the services is provided, in whole or in part, by an agency of the federal
government, Consultant shall also fully and adequately comply with the provisions included in
Exhibit “D” (Federal Requirements) attached hereto and incorporated herein by reference
(“Federal Requirements”). With respect to any conflict between such Federal Requirements and
the terms of this Agreement and/or the provisions of state law, the more stringent requirement
shall control.
[SIGNATURES ON FOLLOWING PAGE]
12
Updated Feb. 2020
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ARCADIA
AND ALL CITY MANAGEMENT SERVICES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF ARCADIA All City Management Services
By: By:
Dominic Lazzaretto Signature
City Manager
Date: Its:
ATTEST: Printed Name
By: Date:
City Clerk
APPROVED AS TO FORM By:
Signature
By: Its:
Stephen P. Deitsch
City Attorney
Printed Name
Updated Feb. 2020
EXHIBIT “A”
Scope of Services
SCOPE OF SERVICES
The Arcadia Police Department will utilize Consultant to provide crossing guard services
at intersections near schools during the school year for an average of 10,900 hours.
There are seventeen (17) locations in the City in which crossing guards are necessary in
order to provide coverage for nine (9) school sites.
ARCADIA CROSSING GUARD SERVICE LOCATIONS
1. Holly Avenue and Lemon Avenue
2. Camino Grove Avenue and Encino Avenue
3. 6th Avenue and Camino Grove Avenue
4. Le Roy Avenue and Santa Anita Avenue
5. 1st Avenue and Camino Real Avenue
6. 1st Avenue and Diamond Street
7. 1st Avenue and California Street
8. 2nd Avenue and Sycamore Avenue
9. Highland Oaks Drive and Sycamore Avenue
10. Oakwood Avenue and Virginia Road
11. Santa Anita Avenue and Virginia Road
12. Le Roy Avenue and Holly Avenue
13. Duarte Road and Holly Avenue
14. Woodruff Avenue and Longley Way
15. Las Tunas Drive and Warren Way
16. De Anza Place and Altura Road
17. Hugo Reid Drive and Altura Road
*These locations are subject to change at any time.
A-1
Updated Feb. 2020
LIST OF SCHOOLS REQUIRING CROSSING GUARD SERVICES
ARCADIA UNIFIED SCHOOL DISTRICT
Baldwin Stocker Elementary School
422 W. Lemons Avenue
Arcadia, CA 91007
Dana Middle School
1401 S. 1st Avenue
Arcadia, CA 91006
Camino Grove Elementary School
700 Camino Grove Avenue
Arcadia, CA 91006
First Avenue Middle School
301 S. First Avenue
Arcadia, CA 91006
Highland Oaks Elementary School
10 Virginia Road
Arcadia, CA 91006
Foothills Middle School
171 E. Sycamore Avenue
Arcadia, CA 91006
Holly Avenue Elementary School
360 W. Duarte Road
Arcadia, CA 91007
Longely Way Elementary School
2601 Longley Way
Arcadia, CA 91007
Hugo Reid Elementary School
Elementary Campus:
1000 Hugo Reid Drive
Arcadia, CA 91007
Primary Campus:
1153 De Anza Place
Arcadia, CA 91007
There may be a need for summer school, which should be able to be billed as needed. In
addition, in the event that crossing guard services are needed for special events, the City
shall communicate extra crossing guard needs to the Consultant and the Consultant shall
bill the City as necessary.
A-2
Updated Feb. 2020
CROSSING GUARD SCHEDULE
Monday Tuesday Wednesday Thursday Friday
Baldwin Stocker Elementary
School
Holly Avenue and Lemon Avenue
AM Shift (1 hour)7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM
PM Shift (1 hour)2:15 PM - 3:15 PM 1:00 PM - 2:00 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM
Camino Grove Elementary
School
Camino Grove Avenue and Encino Avenue
AM Shift (1 hour)7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM
PM Shift (1 hour)2:20 PM - 3:15 PM 2:20 PM - 3:15 PM 1:30 PM - 2:30 PM 2:20 PM - 3:15 PM 2:20 PM - 3:15 PM
Camino Grove Elementary
School
6th Avenue and Camino Grove Avenue
AM Shift (1 hour)7:50 AM - 8:50 AM 7:50 AM - 8:50 AM 7:50 AM - 8:50 AM 7:50 AM - 8:50 AM 7:50 AM - 8:50 AM
PM Shift (1 hour)2:20 PM - 3:20 PM 2:20 PM - 3:20 PM 1:30 PM - 2:30 PM 2:20 PM - 3:20 PM 2:20 PM - 3:20 PM
Dana Middle School Le Roy Avenue and Santa Anita Avenue
AM Shift (1 hour)7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM
PM Shift (1 hour)2:45 PM - 3:45 PM 2:45 PM - 3:45 PM 1:45 PM - 2:45 PM 2:45 PM - 3:45 PM 2:45 PM - 3:45 PM
Dana Middle School 1
st Avenue and Camino Real Avenue
AM Shift (1 hour)7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM
PM Shift (1 hour)2:45 PM - 3:45 PM 2:45 PM - 3:45 PM 1:45 PM - 2:45 PM 2:45 PM - 3:45 PM 2:45 PM - 3:45 PM
First Avenue Middle School 1
st Avenue and Diamond Street
AM Shift (1 hour)7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM
PM Shift (1 hour)3:00 PM - 3:45 PM 2:00 PM - 2:45 PM 3:00 PM - 3:45 PM 2:00 PM - 2:45 PM 3:00 PM - 3:45 PM
A-3
Updated Feb. 2020
First Avenue Middle School 1
st Avenue and California Street
AM Shift (1 hour)7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM
PM Shift (1 hour)3:00 PM - 3:45 PM 2:00 PM - 2:45 PM 3:00 PM - 3:45 PM 2:00 PM - 2:45 PM 3:00 PM - 3:45 PM
Foothills Middle School 2
nd Avenue and Sycamore Avenue
AM Shift (1 hour)7:40 AM - 8:40 AM 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM
PM Shift (1 hour)2:25 PM - 3:25 PM 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM
Foothills Middle School Highland Oaks Drive and Sycamore Avenue
AM Shift (1 hour)7:40 AM - 8:40 AM 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM 7:40 AM - 8:40 AM
PM Shift (1 hour)2:25 PM - 3:25 PM 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM 2:25 PM - 3:25 PM
Highland Oaks Elementary
School
Oakwood Avenue and Virginia Road
AM Shift (1 hour)7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM
PM Shift (1 hour)2:15 PM - 3:25 PM 2:15 PM - 3:25 PM 1:10 PM - 2:10 PM 2:15 PM - 3:25 PM 2:15 PM - 3:25 PM
Highland Oaks Elementary
School
Santa Anita Avenue and Virginia Road
AM Shift (1 hour)7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM
PM Shift (1 hour)2:15 PM - 3:15 PM 2:15 PM - 3:15 PM 1:10 PM - 2:10 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM
Holly Avenue Elementary
School
Le Roy Avenue and Holly Avenue
AM Shift (1 hour)7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM
PM Shift (1 hour)2:15 PM - 3:15 PM 1:00 PM - 2:00 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM
A-4
Updated Feb. 2020
Holly Avenue Elementary
School
Duarte Road and Holly Avenue
AM Shift (1 hour)7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM 7:30 AM - 8:30 AM
PM Shift (1 hour)2:15 PM - 3:15 PM 1:00 PM - 2:00 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM 2:15 PM - 3:15 PM
Longley Way Elementary
School
Woodruff Avenue and Longley Way
AM Shift (1 hour)7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM
PM Shift (1 hour)2:30 PM - 3:30 PM 2:30 PM - 3:30 PM 1:15 PM - 2:15 PM 2:30 PM - 3:30 PM 2:30 PM - 3:30 PM
Longley Way Elementary
School
Las Tunas Drive and Warren Way
AM Shift (1 hour)7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM 7:45 AM - 8:45 AM
PM Shift (1 hour)2:30 PM - 3:30 PM 2:30 PM - 3:30 PM 1:15 PM - 2:15 PM 2:30 PM - 3:30 PM 2:30 PM - 3:30 PM
Hugo Reid Elementary
School
De Anza Place and Altura Road
AM Shift (1 hour)7:35 AM - 8:35 AM 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM
PM Shift (1 hour)2:20 PM - 3:20 PM 2:20 PM - 3:20 PM 1:10 PM - 2:10 PM 2:20 PM - 3:20 PM 2:20 PM - 3:20 PM
Hugo Reid Elementary
School
Hugo Reid Drive and Altura Road
AM Shift (1 hour)7:35 AM - 8:35 AM 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM 7:35 AM - 8:35 AM
PM Shift (1 hour)2:20 PM - 3:20 PM 2:20 PM - 3:20 PM 1:10 PM - 2:10 PM 2:20 PM - 3:20 PM 2:20 PM - 3:20 PM
Normal Early Release Days
A-5
Updated Feb. 2020
Minimum Service Requirements
Consultant must at a minimum provide the following services and benefits:
A. Provide a program manager who will coordinate crossing guard services with a
Police Department liaison.
B. Provide a supervisor to ensure guard activities are taking place at the required
places and times and that proper safety procedures are complied with.
C. Provide fully trained and equipped alternate personnel to ensure all contracted
locations are covered in the event regular personnel are absent.
D. Provide all crossing guards with a standardized uniform and proper weather
apparel and gear, approved by the Chief of Police, which will be worn at all times
while performing their duties.
E. Provide all crossing guards with handheld stop signs and reflective vests, which
comply with applicable Federal, State and City laws and regulations.
F. Persons provided by the contractor as crossing guards shall be trained by the
contractor.
Training shall include the laws and codes of the State of California and the City of Arcadia
pertaining to general pedestrian safety and school crossing areas. Training shall also
include general traffic safety for pedestrians, motorists, and the crossing guards
themselves. Copies of all training certificates must be provided prior to execution of the
contract. Provide training for crossing guards in first aid and CPR in accordance with Red
Cross certification guideline. Copies of valid Red Cross certificates on each crossing
guard must be furnished to the Police Department prior to signing of the agreement and
annually thereafter.
G. Provide evidence of compliance with California Vehicle Code section 21100 as it
relates to crossing guards and compliance with California Vehicle Code section
21100(i) prior to execution of the Agreement.
Contractor Personnel Requirements
Consultant shall maintain personnel files. Files shall consist of a package of documents
for each assigned Crossing Guard consisting of training records, minimum qualifications
and includes medical record, social security number, military services, arrest records, and
previous employment. Contractor shall provide the Police Chief or his designee with
written certification that each Guard assigned to the City conforms to all Police
Department’s requirements and standards specified in this Agreement.
A-6
Updated Feb. 2020
Criminal Background Check
The Contractor shall complete a criminal background check of all Crossing Guards, prior
to assignment under the contract, and prior to assigning a Crossing Guard to a City
location. Thereafter, Contractor shall conduct an annual check, or as deemed necessary
for security reasons. The criminal background check shall be for felony for violent crimes
and felony related to any acts against children, misdemeanor and traffic violations in all
United States or countries that the individual has resided in the last five (5) years.
Any Crossing Guard found failing to divulge a felony (as listed below) or misdemeanor
conviction should not be assigned to the Police Department’s contract. All costs of these
checks shall be at the Contractor's expense.
1) Crossing Guards who have been involved in any of the following will not be
accepted nor assigned to City Crossing Guard service:
a) Felony Conviction related to the following: violent crimes, any acts against
children, assault, sexual assault, and domestic violence.
b) Violent Misdemeanor Conviction
c) Sex Crime Conviction
d) Military discharge other than honorable
e) Pattern of irresponsible behavior including, but not limited to, unreasonable
driving or employment record (absenteeism, equipment abuse, disciplinary
problems, insubordination)
2) Verification for above violations, military conduct, and crime will be done through
California Department of Justice, DMV, and/or FBI
Crossing Guard Conduct
Consultant's Crossing Guards will be working at City locations, and as such, they must
be polite, courteous, helpful, and interested in serving the public well. Professional
standards are expected at all times while on a City post. The Police Chief’s designated
representative will routinely conduct surprise inspections to ensure the quality of contract
Crossing Guards assigned to the City. If it is determined that assigned Crossing Guards
do not meet standards of courtesy, ethics, appearance, alertness, and preparedness,
they will be removed from post immediately at the expense of the Consultant.
A-7
Updated Feb. 2020
Consultant Supervision Requirements
Operations Manager
The Consultant will assign an Operations Manager to ensure the required field
supervision and training to the Crossing Guards under his/her supervision during the
performance of their duties as required by the contract. The Operations Manager need
not be present at all times but should ensure that Crossing Guards assigned to the City
are well trained and effective in carrying out their assigned duties. This person will be the
liaison to the Police Department. The Operations Manager shall become the Police
Department’s primary contact person and be available as needed for the administration
and effective functioning of the requested crossing guard services required in the
Contract. Police Department staff will have direct access to a manager or shift supervisor.
Contract crossing guard company will provide phone numbers to Police Department staff.
CITY SUPERVISION
The City’s Chief of Police, or his designee, shall have the right of general supervision of
all work performed by vendor and shall be the City’s agent with respect to obtaining
vendor’s compliance hereunder. No payment for any services rendered under the
agreement shall be made without prior approval of the Chief of Police, or his designee.
A-8
Updated Feb. 2020
EXHIBIT “B”
Schedule of Charges/Payments
City shall compensate All City Management Services for crossing guard services provided
hereunder as follows:
Position Classification Hourly Billing
Rate
Annual
Cost
Crossing Guard
Year 1
(September 1, 2022 – June 30, 2023) $27.07 $289,920.00
Crossing Guard
Year 2
(July 1, 2023 – June 30, 2024) $28.36 $303,736.00
Crossing Guard
Year 2
(July 1, 2024 – June 30, 2025) $28.36 $303,736.00
Total $897,392.00
The total cost for Year 1 shall not exceed $289,920.
The total cost for Year 2 shall exceed $303,736.
The total cost for Year 3 shall not exceed $303,736.
The total cost for the initial three-year period of the contract, from September 1, 2022,
through June 30, 2025, shall not exceed $897,392.
During the term of the Agreement the Consultant may request a price increase due to any
legally mandated increases in wages and benefits imposed in the state or municipality in
which services are to be performed and to which the Consultant’s employees would be
subject to.
The hourly rates listed are fully loaded rates, meaning all of the costs are included in the
“hourly billing rate”. This includes but not limited to: recruitment, background clearance,
training, equipment, insurance, supervision and management of the City of Arcadia’s
Crossing Guard Program.
The pricing for Year 1 is based on 17 crossing guards compensated per the current
Arcadia schedule of 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.
B-1
Updated Feb. 2020
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 will be billed to the City.
If the City requires extra crossing guard services for special events, the City will be billed
for such services requested.
Other provisions:
Consultant will mail invoices for services every two weeks. Included with each invoice will
be a Work Summary, which details each site, each day and the hours worked at that site.
Arcadia will only be billed for crossing guard serviced rendered on designated “school
days” unless otherwise requested by the City.
B-2
Updated Feb. 2020
EXHIBIT “C”
Activity Schedule
Consultant shall provide crossing guard services for seventeen (17) locations covering
nine (9) school sites in the City of Arcadia. The number of hours worked is based on the
Arcadia Unified School District school schedule of 180 school days annually, which
equates to approximately 10,900 billable hours.
The Consultant and the City shall communicate via electronic mail regarding any crossing
guard schedule changes, such as a change in crossing guard hours or posts.
C-1