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HomeMy WebLinkAbout03 AGREEMENT WITH ALL CITY MANAGEMENT FOR CROSSING GUARD SERVICESAgenda Item 3 Reviewed: AGENDA REPORT City Manager Finance Director N A MEETING DATE: AUGUST 5, 2014 TO: JEFFREY C. PARKER, CITY MANAGER FROM: CHARLES F. CELANO, JR., CHIEF OF POLICE SUBJECT: AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC., FOR CROSSING GUARD SERVICES SUMMARY All City Management Services, Inc., (ACMS) is a national company that specializes in private crossing guard services. The City of Tustin (City) has contracted with ACMS in previous school years. The current Amendment to Agreement between ACMS and the City for providing School Crossing Guard Services expired on June 30, 2014. City Council approval is requested for an agreement for crossing guard services for the next three school years beginning with the 2014/2015 school year with ACMS. RECOMMENDATION Approve the Agreement (Attachment No. 1) between All City Management Services, Inc., and the City of Tustin for providing School Crossing Guard Services, and authorize the Chief of Police to execute the agreement on behalf of the City. FISCAL IMPACT 2014/2015 school year at hourly rate of $14.17 for a projected 13,860 hours would be $196,397.00 per year. Adequate funds have been budgeted, and are currently available in 100 -50 -32 -6010. 2015/2016 and 2016/2017 school years at hourly rate of $15.26 for a projected 13,860 hours would be $211,504.00 per year. Adequate funds will be budgeted in 100- 50 -32- 6010. CORRELATION TO THE STRATEGIC PLAN The recommendation supports the implementation of Goal B: Public Safety and Protection of Assets: Ensure Tustin is an attractive, safe and well- maintained community in which people feel pride. Crossing Guard Program Agreement Approval August 5, 2014 Page No. 2 BACKGROUND Since 2009, the All City Management Services, Inc. (ACMS) company has been the City's contract provider for school crossing guard services. The crossing guard service provides 22 crossing guards to cover 16 locations during the traditional school schedule of 180 days. Analysis of the program since the changes made in 2009 have shown traffic flow around the schools has improved significantly; no public safety issues have been discovered. More parents are walking their children to school and the children are walking in large groups for safety. During this time, ACMS performed very well and has met all terms of the contract agreement. The current agreement between ACMS and the City for providing School Crossing Guard Services expired on June 30, 2014. The hourly rate for that contract was $14.17 per hour with a total amount $199,457 for the contract. In order to ensure fairness and fiscal responsibility as part of the 2013/2014 Crossing Guard Contract Renewal, it was agreed that the future years of crossing guard services would be put out to bid. On May 29, 2014, the City put out a Request for Proposal (Attachment No. 1— Exhibit B) for the Crossing Guard Services Agreement, to begin August 5, 2014, for a minimum of three (3) years with an option for two (2) additional two -year extensions. The City received only one proposal from ACMS. The ACMS proposal (Attachment No.1— Exhibit A) meets all the terms and conditions set forth in the Services Agreement. ACMS proposed to maintain the $14.17 hourly rate for the first year of the contract. ACMS also reported that TUSD has informed them that six crossing guard locations will require one less hour per week during the upcoming school year. Based upon 13,860 hours annually, ACMS projects a not -to- exceed amount of $196,397 for the contract year one. The total hours may vary because of special events (Parent/Teacher night, etc.). As a result of the California Minimum Wage increase of $1.00 per hour effective July 2014 and another $1.00 per hour increase effective January 1, 2016, contract years two and three will be billed at the rate of $15.26 per hour. CHARLES F. CELANO, JR. Chief of Police BRIAN GREENE Traffic Sergeant Attachment No. 1: Crossing Guard Services Agreement ATTACHMENT N0. 1 CROSSING GUARD SERVICES AGREEMENT This Agreement for Crossing Guard Services (herein "Agreement "), is made and entered into this 5th day of August 2014 by and between the CITY OF TUSTIN, a municipal corporation ( "City "), and All City Management Services, Inc., a California corporation ( "Contractor "). RECITALS WHEREAS, City requires the services of a qualified contractor equipped and trained in appropriate procedures for crossing pedestrians in designated marked crosswalks for general pedestrian safety and school crossing areas in the City of Tustin ( "Project "). WHEREAS, Contractor submitted to City a proposal, dated July 5, 2014, a copy of which is attached hereto as Exhibit "A ", in response to the City's Request for Proposal, dated May 29, 2014, a copy of which is attached hereto as Exhibit "B ". (Exhibits "A" and "B" are collectively referred to as the "Proposal "). WHEREAS, based on its experience, education, training, and reputation, Contractor is qualified to provide the necessary services to City for the Project and desires to provide such services. WHEREAS, City desires to retain the services of Contractor for said Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Contractor and Contractor agrees to provide services to the City as follows: SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the Proposal (the "services" or the "work "). Contractor warrants that all services shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Proposal and the specific terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of the City of Tustin and of any federal, state or local governmental agency of competent jurisdiction. i[GE 1 ?RI 1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor has carefully considered how the work should be performed and fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. 2. COMPENSATION 2.1 Compensation of Contractor. For the services rendered pursuant to this Agreement, Contractor shall be compensated and reimbursed at the hourly rate of $14.17 per crossing guard, with a not to exceed cost of $196,397 for contract year one. For contract year(s) two and three, the Contractor's hourly rate will increase to $15.26 per crossing guard, with a not to exceed annual cost of $211,504. 2.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall, no later than the first working day of such month, submit to City in the form approved by City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Payments shall be based on hourly rates for authorized services performed. City shall pay Contractor for all expenses stated thereon which are approved by City consistent with this Agreement, no later than the last working day of said month. 2.3 Changes. The City shall have the right to determine the hours and locations when and where such services and work shall be furnished by Contractor. The City Contract Officer, on behalf of the City, shall be authorized to add to, delete from, or revise the work schedule /locations at any time and shall notify the Contractor in writing of any changes. Such a change shall not require a written amendment to this Agreement. Except as provided above, in the event any change or changes in the work is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional Contractor's fees. An amendment may be entered into: - ......._ A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product or work; 2 10M504.1 B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor's profession. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Subject to Section 2.3, all services rendered pursuant to this Agreement shall be performed within the time periods prescribed in the City's Request for Proposal, attached hereto as Exhibit "B ". 3.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any'delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if the Contractor shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 3.4 Term. Unless earlier terminated in accordance with Section 7.5 of this Agreement, this Agreement shall continue in full force and effect for three (3) years commencing on August 5, 2014, and ending August 5, 2017 ( "Initial Term "). Upon expiration of the Initial Term, the City Contract Officer may, at his sole option and discretion, and subject to the same pricing and terms contained herein, extend the Term of this Agreement for two (2) additional two -year terms. 4. COORDINATION OF WORK 4.1 Representative of Contractor. The following Principal of the Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Patricia Pohl, Director of Operations. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services 1003504.1 hereunder. The foregoing Principal may not be changed by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be Sergeant Brian Greene, Tustin Police Department, Traffic Unit. It shall be the Contractor's responsibility to keep the Contract Officer, or his /her designee, fully informed of the progress of the performance of the services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. A. The legal relationship between the parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Contractor a City employee. During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the services and work under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting. them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor. B. Contractor shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner. 4 1003504.1 C. No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of services and work performed by Contractor under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing services and work hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2, of any nature relating to salary, taxes, or benefits of Contractor's officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations. INSURANCE / INDEMNIFICATION 5.1 Insurance. A. Contractor shall maintain in full force and effect during the term of this Agreement policies of commercial general liability and automobile liability insurance (each of which shall include property damage and bodily injury) and each with limits of at least $5,000,000 combined single limit coverage per occurrence. B. Contractor shall carry and pay for such workers' compensation insurance as is required to fully protect Contractor and its employees under California Worker's Compensation Insurance Law. The insurance company shall agree to waive all rights of subrogation against the City for losses paid under the policy, which losses arose from the work performed by the named insured. C. Other applicable insurance requirements are: (1) Name the City, its officials and employees as an additional insured on the commercial, general and automobile policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and rated A, VII or better (if an admitted carrier) or A -, X (if offered, by a surplus line broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers' compensation insurance rated B -VIII or better or from the State Compensation Fund. (3) The Insurance shall not be cancelled, except after thirty (30) days written prior notice to the City; and (4) The commercial general and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City shall be in excess of this insurance and not contribute to it. D. Upon execution provide to City certificates of insurance and required insurance. Insurer endorsements 1003504.1 of this Agreement, Contractor shall insurer endorsements evidencing the (or a copy of the policy binder if applicable) shall be provided as evidence of meeting the requirements of Subsections (1) (3) and (4) of Section 5.1C above and the waiver of subrogation requirement in Section 5.11B above. If self - insured for worker's compensation, Contractor shall submit to City a copy of its certification of self- insurance issued by the Department of Industrial Relations. 5.2 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor's sole cost and expense with legal counsel reasonably acceptable to City), indemnify and hold harmless the City, its elected officials, officers, directors, employees, agents, and volunteers (collectively, the "Indemnified Parties ") from and against any and all actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of person or persons, for damage to property, including property owned by City, or for any violation of any federal, state, or local law or ordinance, arising out of, pertaining to, or related to Contractor's or its officers', directors', employees', agents', or volunteers' performance under this Agreement, except for such loss as may be caused by an Indemnified Party's sole negligence. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor's indemnification or other liability hereunder. 6. RECORDS AND REPORTS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Contractor shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereunder. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. 6.4 Release of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance 1003504.1 of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.4 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment or any other remedy consistent with the purposes of this Agreement. 7.5 Termination Prior to Expiration of Term. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor, except that where termination is due to the fault of the Contractor and constitutes an immediate danger to health, safety and general welfare, the period of notice shall be such shorter time as the City's Contract Officer in his sole discretion determines is appropriate. Upon receipt of the notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. 1003504.1 8. CITY OFFICERS AND EMPLOYEES; NON - DISCRIMINATION 8.1 Non - Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor -in- interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. Contractor shall take affirmative action to insure that applicants and employees are treated without regard to their race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 9. MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre -paid, first -class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty -eight (48) hours from the time of mailing if mailed as provided in this Section. To City: To Contractor: TUSTIN POLICE DEPARTMENT ALL CITY MANAGEMENT SERVICES 300 Centennial Way 10440 Pioneer Blvd., Ste. #5 Tustin, CA 92780 Santa Fee Springs, CA 90670 Attention: Traffic Unit Attention: Director of Operations 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severabilitv. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the 1003504.1 remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. Dated: APPROVED AS TO FORM: David E. Kendig City Attorney "City" CITY OF TUSTIN, a municipal corporation By: Charles Celano Chief of Police "Contractor' ALL CITY MANAGEMENT SERVICES, INC., a California corporation in 0 9 1003504.1 Exhibit A Proposal 10 1003504.1 CARL= MMMUMENri+ 5E1' \, iC1I5 "The Crossing Company A Proposal for City of Tustin Crossing Guard Services RFP Presented by 10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, CA 90670 OFFICE PHONE: 800.540.9290 FAX: 310.202.8325 EMERGENCY DISPATCH: 877.363.2267 www.thecrossingguardcompany.com City of Tustin/ACMS Table of Contents Transmittal Letter Page I Approach and Management Page(s) 2 -3 Recruiting and Staffing Page 4 Training Page 5 Organizational Chart Page 6 Key Field Management Page 7 Qualifications Page 8 References Page 9 Pricing Page 10 1102 MIMI July 5, 2014 City of'fustin Off ice of the City Clerk 300 Centennial Way, Tustin, CA 92780 On behalf of All City Management Services, Inc. (ACMS), we would like to express our sincere appreciation liar the opportunity to have served the City of Tustin Crossing Guard Program. We have received the RFP tiir Crossing Guard Services. We have reviewed the RFP terms and conditions as well as the Services Agreement. ACMS agrees to the terms and conditions set Ibrth. The terms of our response shall be valid for a period of 90 days. ACMS agrees to execute the Services Agreement i f selected to continue service. Our goal is simple; to continue to provide the City of "I'ustin with a model crossing guard program that relieves the police Department of the day to day responsibilities of managing a Crossing Guard program. As your service provider, we have assumed complete responsibility for the day to day operations of the Crossing Guard program. This includes recruitment, background clearance. hiring, training, equipment, payroll, supervision and management of the program. We understand the unique and demanding scheduling requirements of the program. We will maintain local supervision and second level management to ensure the needs of the City of Tustin are met. We provide 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 duly for any reason. We will continue to communicate with each school to ensure proper scheduling. We have become the nation's largest provider of private crossing guards as a result of our singular focus to this industry as well 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 Crossing Guards. We are certainly-excited and hopeful about continuing to provide Crossing Guard services for the City of "Tustin„ If you have any questions, please feel free to contact me at 800 540 -9290. Director of Marketing ossi n euardcomoanv. com Tustin Approach and Management Plan ACMS employs a Tcam Concept of management which results in efficient field operations as well as providing a multifaceted response to potential problems. ACMS Director of Operations and Operations Manager will continue to work with the City of Tustin to establish specific program objectives and expectations. "these Senior Managers then work directly with your Regional Manager and local Area Supervisor to implement the management plan. All managers will be available during school days. The Regional Manager is responsible for the management of-the Area Supervisors and together they will continue to ensure City of Tustin 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 confi•onlalional attitudes by establishing and enhancing the common goal of'providing for the safety of school children. It is important to note that the Regional Manager has, at their direction, a group of individuals who work independently to provide quality control of field operations. These individuals are trained and deployed to make unannounced observations of' Crossing Guards at work and report on their compliance with established City of'I'ustin and ACMS policies and procedures. Assurance that operational standards are being met is accomplished with this regular independent cross - checking of field operations. Crossing Guard performance and compliance with safety standards will continue to be accomplished through regular site visits by your Area Supervisor. In addition to verbal training and counseling, the Supervisors are supported by the use of Field Training Check Lists, Field Training Cards, Site Performance rvaluations, 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 Tustin representative. ACMS has developed performance standards and training procedures that have been solicited by Safe Routes to School personnel and are now being incorporated into the soon to be released California Safe Routes to School Crossing Guard Training Guidelines. Background checks and Live Scan fingerprinting will be completed on all potential employees as allowed by California state law. Successful completion of the Live Scan finger print, background check and Social Security verification is required prior to the employee being hired. Internal minimum passing standards would prevent any person from working as a Crossing Guard for the Tustin program who has been convicted of any felony, a crime of moral turpitude or a crime against children, including, but not limited to: 2 • Conduct which requires registration under Calilornia Penal Code • Any offense involving the use of' force or violence upon another person; • Any offense involving theft, fraud, dishonesty or deceit; • Any offense involving the manufacture, sales, possession or use of a controlled substance • Conspiracy or attempt to comment any of'ihc aforementioned offenses. Summary reports of' background clearance on employees within the City of Tustin Crossing Guard program will be regularly available to the City's representative. ACMS will report and investigate all public complaints concerning crossing guard services. Communications with individual school sites is facilitated by the Area Supervisors. Personal visits are made regularly 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 review and establishment of accurate and responsive shift times is critical to the eflectivcness of Crossing Guard services. Sites further from the school would be expected to start earlier in the morning and finish later in the afternoon. Thesc 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. 3 Recruitment and Staffing ACMS Managers would assess additional staffing needs of the program after the school year ends and meeting with your agency. We would then focus further recruitment efforts in the geographical areas where additional Crossing Guards will be needed. We have developed a comprehensive plan for recruitment of new Crossing Guards. As a part of our Staffing strategy we encourage a very aggressive recruitment program. We Utilize! solt 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.lustice 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 5 to I 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 .lob" Throughout our training we emphasize the importance of insuring 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- Another strategy we put in place in 2005 was to form Area Supervisor "Teams." 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 alternate guards with each other. 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. ki Training; I:ifiective initial and ongoing training is essential in a profession dedicated to the safety of children. With over 28 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 joh expectations and our zero tolerance policy fir failure to report for a scheduled shift. Throughout the application process prospective employees are reminded about the critical nature ofour assignments and the work ethic and integrity required ol'our employees. Once hired, the training process starts in the classroom where employees review sections of the "Employee Hanrlbook,%r Sclrool 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 employee's progress is closely noted on the detailed steps outlined on the the Field Training; Check List to ensure file employees' field competence. 'this cross - modality approach not only exposes the employee to the necessary training components but also addresses the needs ol'lhc visual, auditory and kinesthetic learner. While the classroom setting is expected to require approximately one hour and the field training approximately two hours, it's 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 Isom their trainer completing of 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 11 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 11 compliant wind - breaker jacket E W, N ..r n:r 1. 0y �1 s� PRO u � en � c cn c+ „ U V) N Cl) 00 N O N O M Q w 0 N O 0 0 00 O 0 Q U V oq c a w N Y W L 0 a O V O \ o — o O J - - q s u � en � c cn c+ „ U V) N Cl) 00 N O N O M Q w 0 N O 0 0 00 O 0 Q U V oq c a w N Y W L 0 a O V O \ o — o O s - - q s c � ' J x u � en � c cn c+ „ U V) N Cl) 00 N O N O M Q w 0 N O 0 0 00 O 0 Q U V oq c a w N Y W L 0 a O V O o — o s - u � en � c cn c+ „ U V) N Cl) 00 N O N O M Q w 0 N O 0 0 00 O 0 Q U V oq c a w N Y W L 0 a O V O City of Tustin Key Field Management Personnel The most significant resource ACMS brings to any School Crossing Guard program is the depth and scope of management provided by the years of experience brought by our operational management team. Our managers benefit from a "Team Concept" which allows geographic regions to work cooperatively to best meet the variable demands of all programs. This team consists of Area Supervisors, Regional and Operations Managers, a Director of Operations and it General Manager. The following is it brief synopsis of the respective duties of each. Area Supervisor (Julia flash): Julia with over six years of supervisory experience in our industry handles all aspects of the day -lo -day management of your 22 Crossing Guards and substitute guard pool. With support from their Regional Manager they typically recruit, hire, train and provide personnel management for all the sites they oversee. Area Supervisors are responsible fix ensuring each employee receives the proper number of Site Performance Evaluations and completes the Certification mandates. All Area Supervisors report directly to a Regional Manager. Regional Manager (Michele Bush): Michele has live years of experience in the crossing guard industry. She will assist in the development and implementation of Training and Safety Certification. Michele will be the primary interface with the City of Tustin representative. She will also oversee and assist the Area Supervisor in staffing, conducting Site Performance Evaluations and Training. Operations Managers (John Dotson): John has over six years of experience with ACMS. He works under the direction of the Director of Operations to provide training and support for all local supervisory personnel. John will assist in the guidance of your Area Supervisor as well as the development and implementation of training programs and certification standards. Oversees the performance of Regional Managers and Area Supervisors and ensures compliance with Company standards and City of Tustin expectations. Reports directly to the Director of Operations. Director of Operations (Pat Pohl): Pat has over 19 years experience in this industry working 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 the Operations Managers to ensure all standards are being met. Responsible for the initial training and orientation for all new client programs. Reports directly to the General Manager. General Manager (Baron Farwell): Baron has over 21 years industry experience. He is responsible for overall contract compliance. Works with the Director of Operations on the development of training programs and implementation of safety standards. Coordinates the flow of information between operations and administrative staff. 7 Statement of Qualifications / Experience All City Management Services, Inc. (ACMS) Serving over 150 cities, counties and school districts, we have successfully privatized both large and small Crossing Guard programs. ACMS currently employs over 3,000 Crossing Guards who are supported by over 90 locally assigned Area Supervisors. We have experience managing small programs (10 or less), mid size programs (1 1 to 99) and large programs in excess of 100 crossing guards. While the size of our Company reflects our broad -based knowledge and success in the industry, we understand that each agency, school district and community we serve comes with their own set of specific requirements and challenges. Our understanding of the unique challenges presented by City of "fustin program; guard scheduling, geography, school locations and demographics, makes us well qualified to continue to meet the unique demands of this program. Our ability to continue service the City of "I "ustin Crossing Guard program is supported by our current success in Tustin and in similar programs throughout the State of California and elsewhere. Examples of the many Southern California clients we serve include the cities of; Anaheim, Orange County Sheriff, County of Los Angeles Whittier School District, Fontana School Police Buena Park and Santa Ana. We have significant experience managing many similar size programs to the Tustin Crossing Guard Program. We are very proud to announce; ACMS performance standards and training procedures are now serving as the model for the forthcoming California Safe Routes to School Crossing Guard Training Guidelines. Another defining component that distinguishes ACMS as the industry leader is our focus on exclusively providing School Crossing Guard services. This singular area of service enables all of our resources to be devoted to the development and delivery of programs that provide exceptionally high safety standards and client satisfaction. 0 ACMS Crossing Guard Service References City of Anaheim Police Department: 52 locations / 26 schools since 2005 425 S. Harbor Blvd. Anaheim. CA 92805 714 765 1862 Nancy Galicano County of Los Angeles Office of Education: 219 locations / 92 schools since 2007 9300 Imperial Highway Downey, CA 90242 626 300 4840 Jalaine Madrid City of Glendale: 30 locations / 17 schools since 1990 633 East Broadway, Suite 300 Glendale, CA 91306 818 548 3960 Violet Neilsen Orange County Sheriffs Department: 50 locations / 26 schools since 2002 North County Operations 714 647 1850 Beth Patterson bPattcrson@ocscl.org ocsd.org City of Buena Park Police Department: 14 locations/ 7 schools since 2011 6640 Beach Blvd. Buena Park, CA 90621 714 562 3943 Sgt. Roger Powell Fontana School Police: 70 locations / 32 schools since 2002 9680 Citrus Avenue Fontana, CA 909 357 5000 x7013 Sgt. Janie Wolverton E Mfr AM = MAT&GIEMEM =W= Proposed Hourly Rate 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 be not limited to, recruitment, background clearance, training, equipment, insurance, supervision and management of the City of Tustin Crossing Guard Program. Proposed Hourly Rate: Fourteen dollars and Seventeen cents ($14.17) per hour, per guard. TUSD has informed ACMS that six sites will require one hour less per week during the upcoming school year. This pricing is based upon 22 crossing guards compensated 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 13,860 hours annually we project a Not to Exceed price of $196, 397 for contract year one. The total hours may vary as a result of Special Event (Parent/ Teacher nights, etc.) requests by TUSD. As a result of California Minimum Wage increase effective January 1, 2016; contract yeas two and three will be billed at a rate of $15.26 per hour, per guard. 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. Tustin 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 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 cellular number: 310.877.7336 Email address: baron (o)thecrossingeuardcoml2anv.com General Manager: Baron Farwell Director of Operations: Patricia Pohl: pat @thecrossingguardeompany.com Director of Marketing: Harlan Sims: harlan @thecrossingguardcompany.com Director of Finance: Phil Lazalde: phil @thecrossingguardcompany.com 10440 Pioneer Blvd. Ste 5 • Santa Fe Snrines. Ca 90670.800 -540 -9290 • FAX 310 - 202 -8325 Over twenty -five years of experience in providing communities with PROFESSIONAL SCHOOL CROSSING GUARD SERVICES Exhibit B Request for Proposal 11 10035041 Request for proposa1 Crossing Gll,.11 "d SefVl(t -„s Ca)iltlaC 1001,47 1 5/29/2014 City of Tustin RFP — Crossing Guard Services 2014 City of Tustin Contents Invitationto Bid ...................................................................................................... .............................03 Introduction........................................................................................................... .............................04 Background.................................................................... ............................... .... .............................04 Scopeof Services .................................................................................................... .............................04 RFP Schedule ...................... ............................... Proposal Requirements ...... ............................... General Requirements ....... ............................... Contractor Evaluation & Selection Process....... Administration Specifications ........................... Terms and Conditions ........ ............................... 2 iun?247 1 ....09 ....10 ....12 ....13 ....14 ....15 City of Tustin RFP — Crossing Guard Services 2014 Invitation to Bid CITY OF TUSTIN REQUEST OF PROPOSALS Crossing Guard Services Notice is hereby given that the City of Tustin will receive sealed proposals for qualified and experienced contractors to provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Proposals should be submitted to the office of the City Clerk, by 11:00 a.m. June 27, 2014. The primary intent of this request for proposal (hereinafter "RFP ") is to enter into an agreement with a contractor capable of providing independent crossing guard services. Specifications are available online at the City of Tustin website (http: / /www.tustinca.org) or at the City Clerk's Office (City Hall, 300 Centennial Way, Tustin, CA). The City of Tustin reserves the right to accept or reject any or all bids, to waive any informality and to accept the proposal deemed to be in the best interest of the City of Tustin. City of Tustin, Tustin, California Charles F. Celano Jr., Chief of Police Dated this 291h day of May, 2014 Attention Bidders — It is the City of Tustin's intent to enter into an agreement with a crossing guard contractor on a suitable value approach. We will treat suitable value as a combination of availability, fit, short -term costs and long -term costs that, in totality, are deemed to best meet the City of Tustin's needs. City of Tustin RFP — Crossing Guard Services 2014 1. INTRODUCTION The City of Tustin is seeking proposals for a qualified and experienced contractor to provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. This RFP is aimed to provide contractors with sufficient information in order to prepare and submit a proposal detailing the crossing guard services they provide. This RFP is issued for the City of Tustin. The issuing office is the City of Tustin's Police Department and is the sole point of contact for this request. The contact person is Sergeant Brian Greene, Tustin Police Department, Traffic Unit. Sergeant Greene can be reached at bgreene @tustinca.org. The City of Tustin reserves the right to accept or reject any or all bids, to waive any informality, to negotiate separately with competing bidders and to accept the proposal deemed to be in the best interest of the City of Tustin. H. BACKGROUND The City of Tustin Crossing Guard Services Program consists of sixteen (16) locations throughout the City of Tustin, known as posts, near elementary and middle schools. The sixteen (16) posts are manned by twenty -two (22) crossing guard personnel, who are staffed and managed by an independent Contractor. This independent Crossing Guard Services Contractor works in conjunction with program oversight of the Police Department. If awarded, the selected Crossing Guard Services Contractor will enter into contract with the City of Tustin. The contract will initiate the beginning of the 2014 -2015 school year and continue for three (3) years with the option for two (2), two year extensions. Contractors with local government and public safety technology experience are preferred but not required. Local Contractors or Contractors with a local presence are also preferred but not required. III. SCOPE OF SERVICES Instructions: Initial the bottom of each page of the Scope of Services and remit as part of your Proposal as Attachment A, acknowledging a demonstrated understanding of the Scope of Services. 1. SCOPE OF SERVICES: CONTRACTOR RESPONSIBILITIES /PROVISIONS The following is a list of minimum requirements that Contractors must be able to address in potentially providing the City of Tustin with crossing guard services: 4 111,614, 1 City of Tustin RFP — Crossing Guard Services 2014 1. The Contractor shall render a full- service program to provide adult crossing guards for the City. The Contractor shall administer and coordinate the program and be capable of staffing twenty -two (22) crossing guard personnel at sixteen (16) locations throughout the City. 2. The Contractor shall recruit, select, and employ crossing guards and alternate crossing guards as required to provide coverage at each crossing guard post on each day when guards are required in accordance with the schedule provided by the City. 3. The Contractor is responsible for the application process and determining the suitability and qualifications of the crossing guards hired. All crossing guards employed by the Contractor to perform services under this contract shall meet the qualifications specified in the Scope of Services. 4. The Contractor shall provide a program manager as required to ensure competent and efficient management of the crossing guard program. 5. The Contractor shall hire Field Supervisors to make on -site visits at crossing guard sites. One Field Supervisor shall be responsible for the supervision of no more than 25 crossing guards. The contractor shall provide the name and contact information for the Field Supervisor(s) to the City. The Contractor shall conduct on -site visits to crossing guards' sites at least three (3) times per school year. 6. The Contractor shall provide each crossing guard with the following equipment: a) Complete uniform with contractor's identifiable patch or badge; b) Regulation -size, hand -held stop sign; c) Brass or plastic whistle; d) Traffic safety vest; and e) High visibility rain coat. 2. SCOPE OF SERVICES: DUTIES OF CROSSING GUARDS It shall be the duty of each Crossing Guard to: a) Halt vehicles when necessary by mechanical and hand signal to permit children to cross the road safely; b) Maintain order among children assembled at street crossing points and permit them to cross only when they can do so safely; C) Report to the Tustin Police Department the license plate numbers of motor vehicles who violate traffic laws or crossing guard instructions; d) Make children aware of the elements of traffic safety and operation of pedestrian controls; e) Report to school authorities the names of children who do not follow safety regulations; and f) Wear a reflective traffic safety vest at all times when on duty. u,na:.i 7 i City of Tustin RFP — Crossing Guard Services 2014 3. SCOPE OF SERVICES: MINIMUM STANDARDS FOR CROSSING GUARDS 1. The following shall be the minimum qualifications for all Crossing Guards assigned by the Contractor to this Project: a) Be at least eighteen (18) years of age; b) Be physically and mentally capable of performing the duties of a crossing guard; C) Have the ability to give and follow oral instructions; d) Have the ability to establish and maintain effective working relationships with children, parents, school officials and law enforcement officials; e) Have the ability to remain calm and use judgment and initiative in an emergency situation; and f) Be of good moral character. Contractor shall include the following procedures in the selection process for Crossing Guards: a) The Contractor shall contact the last two (2) or three (3) employers of the Crossing Guard applicant. Personal reference should also be checked if the applicant has not been employed during the last five (5) years. b) Employment and personal reference checks should be of such a nature as to provide the Contractor with the information necessary to determine if the applicant is capable of performing the duties of a Crossing Guard. C) The Contractor shall provide for fingerprinting each applicant and shall complete a fingerprint identification card which shall be forwarded within five (5) working days to the California Department of Justice (DOJ). d) The Contractor shall not employ any person as a Crossing Guard who has been convicted of a drug offense, sex offense or a felony, or is otherwise prohibited from working with children. e) The Contractor shall maintain records of fingerprint identification during the period of this contract and five (5) years thereafter. Such records shall be available to the City for review upon request of the City. 3. The Contractor shall provide each crossing guard with appropriate training for the position of Crossing Guard before assigning a guard to any post. The training program shall include: a) General indoctrination concerning rules and regulations of employment; b) Instructions on the proper handling of required reports; C) Crossing guard techniques appropriate to the guard post; d) Telephone numbers, and addresses, of the schools served by the crossing guards and local law enforcement; and e) Public relations instructions, including the importance of image, dress and appearance, attitude and general demeanor of a crossing guard. 100324 7.1 City of Tustin RFP — Crossing Guard Services 2014 SCOPE OF SERVICES: LISTING OF CURRENT CROSSING GUARD LOCATIONS The following is a listing of all the current crossing guard locations in the City. The selected Contractor shall be required to post crossing guards at each of the following locations during the times specified. CURRENT CROSSING GUARD LOCATIONS Crossing School Intersection Mon Tue Wed Thu Fri Guard No. 1 Beswick Mitchell/ 7:40 -8:25 am 7:40 -8:25 am 7:40 -8:25 am 7:40 -8:25 am 7:40- 8:25am (Benjamin F.) Newport Elementary (SE) 2:25 -3:10 pm 2:25 -3:10 pm 1:10 -1:55 pm 2:25 -3:10 pm 2:25 -3:10 pm 2 Beswick Mitchell/ 7:40- 8:25am 7:40 -8:25 am 7:40 -8:25 am 7:40 -8:25 am 7:40 -8:25 am (Benjamin F.) Newport Elementary (SW) 2:25 -3:10 pm 2:25 -3:10 pm 1:10 -1:55 pm 2:25 -3:10 pm 2:25 -3:10 pm 3 Beswick Mitchell /Utt 7:40 -8:25 am 7:40 -8:25 am 7:40 -8:25 am 7:40 -8:25 am 7:40 -8:25 am (Benjamin F.) (NW) Elementary 2:25 -3:10 pm 2:25 -3:10 pm 1:10 -1:55 pm 2:25 -3:10 pm 2:25 -3:30 pm 4 Columbus Beneta Way/ 7:15 -8:00 am 7:15 -8:00 am 8:15 -9:00 am 7:15 -8:00 am 7:15 -8:00 am Tustin Middle Prospect (SE) School 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 5 Columbus Beneta Way/ 7:15 -8:00 am 7:15 -8:00 am 8:15- 9:00am 7:15 -8:00 am 7:15 -8:00 am Tustin Middle Prospect School (SW) 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 6 Heideman Alliance/ 7:30 -815 am 7:30 -8:15 am 7:30 -8:15 am 7:30 -8:15 am 7:30 -8:15 am (Robert) Williams Elementary (NE) 1:55 -2:50 pm 1:55 -2:50 pm 12:50 -1:35 pm 1:55 -2:50 pm 1:55 -2:50 pm 7 Nelson(W.R.) Browning/ 7:20 -8:05 am 7:20 -8:05 am 7:20 -8:05 am 7:20 -8:05 am 7:20 -8:05 am Elementary Pine Brook Dr. 2:00 -3:05 pm 2:00 -3:05 pm 12:45 -1:40 pm 2:00 -3:05 pm 2:00 -3:05 pm (NW) 8 Pioneer Pioneer Rd./ 7:15 -8:00 am 7:15 -8:00 am 8:15 -9:00 am 7:15 -8:00 am 7:15 -8:00 am Middle School Pioneer Way (N) 2:15 -3:00 pm 2:15 -3:00 pm 2:1S -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 9 Pioneer Pioneer Rd./ 7:15 -8:00 am 7:15 -8:00 am 8:15 -9:00 am 7:15 -8:00 am 7:15 -8:00 am Middle School Pioneer Way (S) 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 10 Pioneer Pioneer Way 7:15 -8:00 am 7:15 -8:00 am 8:15 -9:00 am 7:15 -8:00 am 7:15 -8:00 am Middle School /Tustin Ranch (NW) 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 00.32-17 1 City of Tustin RFP — Crossing Guard Services 2014 11 Thorman Redhill/ 7:15 -8:15 am 7:15 -8:15 am 8:15 -9:15 am 7:15 -8:15 am 7:15- 8:15am (Deane) Sycamore Elementary (NE) 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm and Currie (A.G.) Middle School 12 Thorman Redhill/ 7:15 -8:15 am 7:15 -8:15 am 8:15 -9:15 am 7:15 -8:15 am 7:15 -8:15 am (Jeane) Sycamore Elementary (SW) 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pin 1:50 -3:00 pm and Currie (A.G.) Middle School 13 Thorman Carfax/ 7:15- 8:15am 7:15 -8:15 am 8:15- 9:15am 7:15 -8:15 am 7:15 -8:15 am (Jeane) Sycamore Elementary (SE) 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm and Currie (A.G.) Middle School 14 Thorman School Ln./ 7:15- 8:15am 7:15 -8:15 am 8:15 -9:15 am 7:15 -8:15 am 7:15 -8:15 am (Jeane) Sycamore Elementary (W) 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm and Currie (A.G.) Middle School 15 Thorman Newport/ 7:15 -8:15 am 7:15 -8:15 am 8:15 -9:15 am 7:15 -8:15 am 7:15 -8:15 am (Jeane) Sycamore Elementary (SW) 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm and Currie (A.G.) Middle School 16 Thorman Redhill/ 7:15 -8:15 am 7:15 -8:15 am 8:15 -9:15 am 7:15 -8:15 am 7:15 -8:15 am (Jeane) Sycamore Elementary (SE) 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm and Currie (A.G.) Middle School 17 Thorman Altadena/ 7:15 -8:15 am 7:15 -8:15 am 8:15 -9:15 am 7:15 -8:15 am 7:15 -8: i5 am (Jeane) Pasadena Elementary (NE) 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm and Currie (A.G.) Middle School 18 Thorman McFadden/ 7:15 -8:15 am 7:15 -8:15 am 8:15 -9:15 am 7:15 -8:15 am 7:15 -8:15 am (Jeane) Pasadena Elementary (NE) 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm 1:50 -3:00 pm and Currie (A.G.) Middle School 19 Utt(C.E.) Browning/ 7:15 -8:00 am 7:15 -8:00 am 8:15 -9:00 am 7:15 -8:00 am 7:15 -8:00 am Middle School Park View Wy (N E) 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm 2:15 -3:00 pm City of Tustin RFP — Crossing Guard Services 2014 20 Veeh (Majorie) Elementary San Juan/ Tustin East (SW) 7:30- 8:15am 1:30 -2:30 pm 7:30 -8:15 am 1:30 -2:30 pm 7:30- 8:15am 1:30 -2:30 pm 7:30- 8:15am 1:30 -2:30 pm 7:30- 8:15am 1:30 -2:30 pm 21 Veeh San Juan/ 7:30- 8:15am 7:30 -8:15 am 7:30 -8:15 am 7:30- 8:15am 7:30 -8:15 am (Majorie) Redhill Elementary (NW) 1:30 -2:30 pm 1:30 -2:30 pm 1:30 -2:30 pm 1:30 -2:30 pm 1:30 -2:30 pm 22 Veeh San Juan/ 7:30 -8:15 am 7:30 -6:15 am 7:30 -8:15 am 7:30 -8:15 am 7:30 -8:15 am (Majorie) Redhill Elementary (NE) 1:30 -2:30 pm 1:30 -2:30 pm 1:30 -2:30 pm 1:30 -2:30 pm 1:30 -2:30 pm IV. RFPSCHEDULE The City of Tustin reserves the right to modify these dates if extenuating circumstances necessitate. Release of RFP May 29, 2014 Question Deadline June 13, 2014 by 11:00 a.m. Proposal Deadline June 27, 2014 by 11:00 a.m. Proposer Selection / Council Approval July 15, 2014 ** * *Tentative City Council contract award date, subject to change at City's discretion 0012217. l City of Tustin RFP — Crossing Guard Services 2014 V. PROPOSAL REQUIREMENTS Although the City requires no specific format, this section is intended to provide guidelines to the Contractor regarding features that the City will look for and expect to be included in the proposal. Content & Format The City requests that proposals submitted be organized and presented in a neat and logical format and are relevant to these services. Contractor's proposals shall be clear, accurate, and comprehensive. Excessive or irrelevant material will not be favorably received. Proposals shall contain no more than 10 typed pages using a 10 point minimum font size, including transmittal /offer letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. The purpose of these restrictions is to minimize the costs of proposal preparation and to ensure that the response to the RFP is fully relevant to the project. The proposal should include the following: • Transmittal /offer letter. • Page numbering. • Index /Table of Contents. • Approach. • Team Organization including an organization diagram and time commitment of key staff. • Statement of Qualifications including descriptions of similar projects by key staff to be assigned during the term of the contract. • Brief resumes of key staff. • Schedule of Hourly Rates and fees in a separate sealed envelope. 2. Approach A description of the Contractor's approach and work program to meet the City's objectives shall be included. It should explain the technical approach, methodology, and specific tasks and activities that will be performed to address the specific issues and work items. 3. Team Organization The purpose of this section is to describe the organization of the Contractor's Crossing Guard Services team and key staff. A manager and an alternate manager shall be named who shall be the prime contact and be responsible for coordinating all activities with the City. An organization diagram shall be submitted showing all key team members and illustrating the relationship between the City, the manager, and key staff. 10 iu(i3Zdi 1 City of Tustin RFP — Crossing Guard Services 2014 There also should be a brief description of the role and responsibilities of all key staff identified in the organization. 4. Statement of Qualifications The information provided in this section should describe the qualifications of the Contractor and key staff in performing Crossing Guard Services within the past five years that are similar in scope and size to demonstrate competence to perform these services. The Crossing Guard Services listed should be those that the key staff named for this proposal were responsible for performing. Information shall include: • Names of key staff that participated on named Crossing Guard Services and their specific responsibilities. • The client's name, contact person, addresses, and telephone numbers. • A brief description of type and extent of services provided. • Completion dates (estimated, if not yet completed). • Total costs. There should be included in the section brief resumes of key personnel who will provide these services demonstrating their qualifications and experience. Resumes should highlight education, relevant experience, licenses, and specific responsibilities for services described. S. Fee Proposal Compensation for services provided shall be based upon the Contractor's detailed fee proposal to furnish the services detailed in their proposal. A Fee Proposal shall be submitted in a separate, sealed envelope and marked as "Fee Proposal" along with the name of the project. A work program together with a breakdown of labor hours by employee billing classification together with the cost of non -labor services shall be included with the fee proposal. The labor breakdown shall be compiled based upon a listing of work tasks that correlates with the Contractor's defined scope of work for the proposal. This information will be used by the City staff to evaluate the reasonableness of the fee proposal and may be used in negotiating the final fee amounts for the contract agreement. The fee proposal of the three top ranked Contractors will be opened at the conclusion of the Contractor evaluation and selection process. Fees will not be used to determine the ranking of the Contractors. The Fee Proposals of those Contractors not ranked in the top three will be returned to them unopened upon award of contract to the selected Contractor. 11 100;24,1 City of Tustin RFP — Crossing Guard Services 2014 The City will negotiate the final fee with the top ranked Contractor. Reimbursable expenses shall not be allowed unless negotiated prior to a contract. Price escalations during the contract term are disfavored and will not be allowed unless negotiated prior to execution of contract. The Contractor shall prepare progress billings, reflective of the project schedule and the scope of work completed, by line item and description. 6. Statement of Offer & Signature The Proposal shall contain a statement that the proposals are a firm offer for a 90 -day period and signed by an individual authorized to act on behalf of the Contractor. VI. GENERAL REQUIREMENTS Insurance Requirements If selected, Contractor will be required to maintain, and furnish proof of the following minimum insurance coverages. These minimum levels of coverage are required to be maintained for the duration of the contract: A. General Liability and Automobile Liability Coverage - $5,000,000 per occurrence for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. B. Worker's Compensation Coverage - State statutory limits. Deductibles, Self- Insurance Retentions, or Similar Forms of Coverage Limitations or Modifications, must be declared to and approved by the City of Tustin. The Contractor is encouraged to contact its insurance carriers during the proposal stage to ensure that the insurance requirements can be met if selected for negotiation of a contract agreement. The City shall be named as Additional Insured and no policy may be modified or cancelled prior to thirty (30) days written notice. Certificates of insurance and insurer endorsements evidencing the required insurance shall be provided. 2. Standard Form of Agreement The Contractor will enter into an agreement with the City based upon the contents of the RFP and the Contractor's proposal. The City's standard form of agreement is 12 101);_47 i City of Tustin RFP —Crossing Guard Services 2014 included as Attachment A. The Contractor shall carefully review the agreement, and include with the proposal a description of any exceptions requested to the standard contract. If there are no exceptions, a statement to that effect shall be included in the proposal. 3. Disclaimer This RFP does not commit the City to award a contract, or to pay any costs incurred in the preparation of the proposal. The City reserves the right to extend the due date for the proposal, to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified Contractor, or to cancel this RFP in part or in its entirety. The City may require the selected Contractor to participate in negotiations and to submit such technical, fee, or other revisions of their proposals as may result from negotiations. 4. Assigned Representatives The City will assign a responsible representative to administer the contract, and to assist the Contractor in obtaining information. The Contractor also shall assign a responsible representative (project manager) and an alternate, who shall be identified in the proposal. The Contractor's representative will remain in responsible charge of the Contractor's duties from the notice -to- proceed through project completion. If the Contractor's primary representative should be unable to continue with the project, then the alternate representative identified in the proposal shall become the project manager. The City's representative shall first approve any substitution of representatives identified in the proposal in writing. The City reserves the right to review and approve /disapprove all key staff substitution or removal, and may consider such changes not approved to be a breach of contract. 5. City Business License A city business license will be required of the Contractor for services under the agreement. VII. CONTRACTOR EVALUATION & SELECTION PROCESS The City's Contractor evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The following criteria will be used in evaluating the proposals using a point value system (100 points) based upon the weighting indicated below: 1. Approach and work plan to achieve specified City objectives. (25 points) 2. Qualifications and experience of the project manager and other key individuals. (40 points) 13 I Op,i:dl I City of Tustin RFP — Crossing Guard Services 2014 3. Results of reference checks. (15 points) Reference checks will only be conducted for a short list of Contractors or the top rated Contractor. 4. Clarity of proposal. (10 points) 5. Compliance with proposal requirements including the 10 page limitation. (10 points) The City may elect to interview a short list of qualified Contractors or to interview only the top rated Contractor based upon the proposals submitted for the project. The City staff will negotiate a contract with the best qualified Contractor for the desired crossing guard services. Should the City staff be unable to negotiate a satisfactory contract with the Contractor considered to be the most qualified, negotiations with that Contractor shall be formally terminated. Negotiations will then be undertaken with the next most qualified Contractor. Failing accord with the second most qualified Contractor, the City staff will terminate negotiations and continue the negotiation process with the next most qualified Contractors in order of their evaluation ranking until an agreement is reached and a Contractor is selected and an agreement is executed. Additional information related to the Contractor selection process will be made available in the future once the City has executed this contract. Please refrain from making any verbal inquires or requests for a formal debriefing related to the subject RFP until the City of Tustin completes the ongoing contract process. VIII. ADMINISTRATION SPECIFICATIONS A. The City of Tustin's Rights to Proposals All proposals, upon submission to the City of Tustin shall become its property for use as deemed appropriate. By submitting a proposal, the proposer covenants not to make any claim for or have any right to damages because of any misinterpretation or misunderstanding of the specifications, or because of any misinformation or lack of information. The City of Tustin has the following prerogatives with regard to proposals submitted: • to accept or reject any or all proposals; • to correct any arithmetic errors in any or all proposals submitted; • to utilize any or all the ideas from proposals submitted; • to change the proposal's due date upon appropriate notification; • to adopt any or all of an offeror's proposal; and • to negotiate modifications to the scope and fee with selected offeror prior to contract award. 14 City of Tustin RFP — Crossing Guard Services 2014 IX. TERMS AND CONDITIONS Certain other terms and conditions will apply to this RFP: 1. Proposal Instructions - Deadline for submitting proposals is 11:00 a.m., Friday, June 27, 2014. Mail or deliver to City Hall, City Clerk's Office, 300 Centennial Way, Tustin, CA 92780. Proposals received after the deadline will be returned, unopened, to the proposer. 2. Addendum and Supplements to the RFP - If it becomes necessary to revise any part of this RFP, an addendum or revision will be transmitted to all prospective proposers by email and will be posted on the City's website. Questions concerning the RFP document must be submitted in writing to City of Tustin, Attn: Sergeant Brian Greene, 300 Centennial Way, Tustin, CA 92780, or email at bgreene @tustinca.org. Questions will be received through June 13, 2014, at 11:00 a.m. Responses to all questions will be distributed via email to all known Proposers and will be posted on the City of Tustin's website (www.tustinca.org) as an addendum by June 20, 2014, at 11:00 a.m. Proposers are cautioned that any statements made by the contact person that materially change any portion of the RFP shall not be relied upon unless subsequently ratified by a formal written amendment to this RFP. Award of Contract — The City reserves the right to reject any and all Proposals. A formal contract award is anticipated for the best overall vendor as determined by the Evaluation Committee and approved by City Council as a result of this RFP. The City reserves the right, in its sole discretion, to waive minor irregularities in proposals. A minor irregularity is a variation of the RFP, which does not affect the funding request, or gives one party an advantage or benefit not enjoyed by the other parties, or adversely impacts the interest of the City. Waivers, when granted, shall in no way modify the RFP requirements or excuse the party from full compliance with the RFP specifications and other contract requirements, if the party is awarded the contract. 4. False or Misleading Statements —Any submittals containing, in the opinion of the City, false or misleading statements will be rejected. 5. Prospective Contractor Costs — Costs for developing submittals are entirely the responsibility of the proposer and shall not be chargeable in any manner to the City. 6. Evaluation Process — The City will form an Evaluation Committee to review all submittals received by the deadline. Any submittal failing to meet any of the qualifications documented in this RFP may be rejected. The purpose for the Evaluation Committee is to recommend which proposer is best able to provide the City's crossing guard services, to the City's requirements, and within the City's budget. A submission in response to this RFP indicates your acceptance of the City's evaluation criteria. 7. Clarification of Proposals —The City reserves the right to obtain clarification information on any item in any proposer's submittal or to obtain additional related information necessary to properly evaluate the submittal. Failure of a proposer to respond to a request for more information may result in the proposal being rejected. 15 1(1113 2.17 1 City of Tustin RFP — Crossing Guard Services 2014 8. Disclosure of Proposal Information — Upon award of a contract, all proposals become a matter of public record in accordance with disclosure requirements of the California Public Records Act (Cal. Government Code Section 6250, et seq.). 9. Prevailing Wage Requirement —The project will be paid for with public funds and, therefore, is a "public work' as defined in California Labor Code Sections 1771 and 1774. As a result, prevailing wages shall be paid to the workers employed on this contract. The selected Contractor shall be responsible to obtain from the State Director of Industrial Relations and to comply with all applicable prevailing rates for the work to be performed for each craft and type of work needed. Not less than said prevailing rates shall be paid the workers employed on this contract. Attention is directed to the Federal minimum wage rate requirements in these Special Provisions. If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractor shall pay not less than the higher applicable wage rate. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. 10. City Use of RFP Ideas —The City reserves the right to use any and all service and product ideas presented from prospective Contractors. Selection or rejection of a proposer does not affect this right. 11. Copyrights and Patents — The Contractor shall hold the City of Tustin and its officers, agents, servants, and employees harmless from liability of any nature or kind because of any copyrighted information, secret or proprietary process, patented or unpatented invention, disclosed or used in response to this RFP, and agrees to defend, at its own expense, any and all actions brought against the City of Tustin or its officers, agents, servants, or employees or the Contractor alleging or arising from unauthorized use of such information, process or invention. 12. Reliance on Information — PROPOSERS MAY RELY ONLY UPON WRITTEN INFORMATION AND /OR INSTRUCTIONS FROM THE CITY GIVEN HEREIN OR SUBSEQUENT TO THE ISSUANCE OF THIS RFP. PROPOSER MAY NOT RELY ON ANY ORAL INFORMATION AND /OR INSTRUCTIONS GIVEN WITH REGARD TO THIS RFP. Any City response to a question or request for clarification by a proposer will be made in the form of an addendum to the RFP, which will be sent via email to all parties to whom the RFP has been issued not later than five (5) business days prior to the due date for receipt of the Proposal and will become part of the RFP. 16 11103-117 1 City of Tustin RFP — Crossing Guard Services 2014 13. Security Check — All Contractor personnel are required to pass an extensive security background check before they will be allowed to perform any services for the City. The proposer or individual employees of the proposer may be excluded from providing services based on the results of the background checks, in the sole and absolute discretion of the City. Your Proposal should acknowledge this fact, and your project timeline should reflect this fact. 14. The agreement is for a period of time which commences September 3, 2014 and ends June 30, 2017, with the option for two (2), two year extensions. For such terms thereafter the parties may agree upon in writing. 15. 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 Crossing Guards. The Contractor is an independent Contractor and the Crossing Guard to be furnished by it shall at all times be its employees and not those of the City. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees perform the services required herein, except as otherwise set forth herein. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall be solely responsible for compliance with State and Federal Law with respect to the wages, hours, benefits, and working conditions of its employees, including requirement for payroll deductions for taxes. Employees or independent contractors of Contractor are not City employees. 16. The City shall have the right to determine the hours and locations when and where Crossing Guards shall be furnished by the Contractor. The Contractor shall notify the City in writing of any changes which may need to occur in hours of work or locations. The City further has the power to add to, delete from, or revise the work schedule /locations at any time. 17. 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 all items of the Agreement. 18. 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. 19. The Contractor shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. in the performance of their duties, the Contractor and employees of the Contractor shall conduct themselves in accordance with the conditions of the Agreement and the laws and codes of the State of California. 20. Persons provided by the Contractor as Crossing Guards shall be trained in the laws and codes of the State of California and the City of Tustin pertaining to general pedestrian safety in school crossing areas. 17 rwaa�i City of Tustin RFP — Crossing Guard Services 2014 21. Crossing Guard Services shall be provided by the Contractor at the designated locations and at the designated hours on all days on which the designated schools in the City of Tustin, are in session. 22. 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 worn 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. 18 11;:.1'.1