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HomeMy WebLinkAboutItem 31 - Volunteer School Crossing Guard Program/School Crossing Guard AgreementPublic Works Agency www.santa-ana.org/public-works Item # 31 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report June 20, 2023 TOPIC: Volunteer School Crossing Guard Program/School Crossing Guard Agreement AGENDA TITLE Implement a Volunteer School Crossing Guard Program and Approve Agreement with All City Management Services, Inc. for the School Crossing Guard Program in an Amount Not to Exceed $5,343,125 for Up to a Five Year Term (General Fund) RECOMMENDED ACTION 1. Direct staff to work cooperatively with school districts to implement a volunteer crossing guard program and establish a crossing guard training program. 2. Direct staff to formally notify the School Districts of the phasing out of contracted crossing guard program beginning school year 2023-2024. 3. Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a School Crossing Guard Program, in the total amount not to exceed $5,343,125, for a three-year term beginning July 1, 2023 and expiring June 30, 2026, with an option for up to two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION At the May 16, 2023 City Council Meeting, staff presented an agreement with All City Management Services, Inc. to provide crossing guard services to elementary schools in the City. After much consideration, the City Council directed staff to return at a future City Council meeting with the matter, along with options to transition to a volunteer crossing guard program to be run and administered by the participating schools and/or school districts. Following the directive, staff researched the Santa Ana Municipal Code (SAMC) for rules and regulations affecting the City's school crossing guard service and has engaged in preliminary discussions with Santa Ana Unified School District (SAUSD) staff. Thus far discussions have been promising in regards to implementing a volunteer crossing guard program. However, implementing a volunteer crossing program will take time and still will need to determine whether or not such a program will be sustainable. As the program is developed and implemented, it is imperative that the City maintain the existing crossing guard program in place to ensure school children safety during the transition. Volunteer School Crossing Guard Program/School Crossing Guard Agreement June 20, 2023 Page 2 The existing crossing guard program places trained adult crossing guards at 55 locations, benefiting 41 schools in three school districts (Exhibit 1). Staff has also identified a total of 14 private and eight charter schools serving elementary school age students within the City. These charter schools currently do not have any City -funded crossing guards. Nevertheless, one charter school, El Sol Academy, funds its own crossing guards. Staff will work with charter schools to implement volunteer crossing guards, if warranted. However, if warranted, charter schools can also fund a crossing guard similar to how El Sol Academy does. Staff proposes a multi -pronged approach to make the transition from City -contracted Service to a school administered volunteer program. 1. To avoid gaps in crossing guard services, the City will make formal notification to the school districts of the phasing out of the contracted services beginning as early as school year 2023-2024. 2. Schools and school districts will develop a program to recruit and manage a volunteer -based crossing guard program. 3. The Police Department and Public Works Agency will develop a training program to assist the School Districts in the deployment of the crossing guards. 4. Staff will coordinate with the City Attorney's Office and recommend changes to the Municipal Code, if warranted, for future City Council consideration. Funding saved by the phasing out of the crossing guard service will be used as matching funds to implement safety enhancement projects that have been identified in the City's 2020 Safe Routes to School Plan. Although staff has reservations about the reliability and sustainability of a volunteer - based crossing guard program, staff will be committed to work with the school districts in transitioning to an all -volunteer program for the continued safety of the school children. Staff also stresses the point that traffic calming devices and crossing safety devices are not an equal substitute for a live adult, trained crossing guard. Considering Santa Ana Municipal Code 36-121 states that "Adult crossing guards for street crossings by elementary school children on their way to or from school shall normally be provided by the City," staff recommends a three-year term with up to two one-year extensions for a total amount not to exceed $5,343,125 for the importance of providing crossing guard services to Santa Ana elementary -aged school children until the volunteer program is established. The recommended not -to -exceed amount is the current fiscal year baseline budget for crossing guard services and will ensure that the City has the ability to provide services during the transition. This also ensures the ability to quickly reinstate services in the future, if necessary. Volunteer School Crossing Guard Program/School Crossing Guard Agreement June 20, 2023 Page 3 On February 8, 2023, the Executive Director of Public Works reported back to the City Council on an agenda item concerning the school crossing guard matter during the Joint School Collaboration Council Subcommittee held on February 6, 2023. On March 15, 2023, staff issued a Request for Proposals (RFP) for these services (Exhibit 2). Three vendors submitted proposals, which were evaluated by a rating panel and ranked based on the criteria included in the RFP. The results are summarized below. Vendor Location Rank All City Management Services, Inc. Santa Fe Springs, CA 1 Patrol Masters Santa Ana, CA 2 Alltech Industries, Inc. Monterey Park, CA 3 The proposal submitted by All City Management Services, Inc. (ACMS) was ranked highest, most responsive to the criteria, and meets the City's requirements. ACMS has provided crossing guard services to the City of Santa Ana since 2013 with a strong history of professional and consistent service provisions. As such, staff recommends awarding the agreement to ACMS (Exhibit 3). The City reserves the right to terminate this contract at any time within 30 day's notice to the provider. However, it is recommended that some stability be established for the program to best serve the community and students. In response to City Council requests during the May 16, 2023 City Council meeting, staff researched cost recovery matters. SAUSD follows the City's Special Events process to rent the Santa Ana Stadium from the Parks, Recreation and Community Services Agency and pays the City for all fees related to the graduation ceremonies and police services fees for staffing. Based on a response to a legal inquiry, the City Attorney indicated that the City of Santa Ana and Santa Ana Police Department may not seek reimbursement for Santa Ana Police Department's response to calls for service that involve violations of law by or against SAUSD employees, staff, students, or that occur on District property. Both the Santa Ana Police Department and Santa Ana School Police Department have an MOU for procedure for police services dated March 19, 2019. The City will continue to look for cost recovery opportunities through the development of joint use agreements with SAUSD. FISCAL IMPACT Funds are available for the contract year. Staff will be seeking a reduction of crossing guard services through the implementation of the volunteer crossing guard program to offset a reduced contract amount. The budgeting for subsequent fiscal years is subject to City Council approval. Staff will request a budget transfer to traffic safety projects as savings materialize for any unspent budget. Volunteer School Crossing Guard Program/School Crossing Guard Agreement June 20, 2023 Page 4 The table below summarizes the expected contract expenditures by fiscal year. Fiscal Accounting Unit Fund Accounting Unit, Amount Year - Account # Description Account Description Crossing Guard Service 2023-24 01117644-62300 General Fund Enhancement, Contract $998,242 Services — Professional Crossing Guard Service 2024-25 01117644-62300 General Fund Enhancement, Contract $998,242 Services — Professional Crossing Guard Service 2025-26 01117644-62300 General Fund Enhancement, Contract $1,085,015 Services — Professional Total: $3,081,499 The table below summarizes expected contract expenditures for up to two contract extensions. Optional Extension 1 Fiscal Accounting Unit Fund Accounting Unit, Year - Account # Description Account Description Amount Crossing Guard Service 2026-27 01117644-62300 General Fund Enhancement, Contract $1,130,813 Services — Professional Optional Extension 2 Crossing Guard Service 2027-28 01117644-62300 General Fund Enhancement, Contract $1,130,813 Services — Professional Total: $5,343,125 EXHIBIT(S) 1. Elementary Schools in Santa Ana 2. Request for Proposals #23-027 3. Agreement with ACMS, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager MIMMININS City of Santa Ana - Elementary Schools Charter Elementary e District Elementary O ��4 ��2 Private Elementary o Crossing Guard Location Miles EXHIBIT 2 for Release: REQUEST FOR PROPOSALS (RFP) FOR CROSSING GUARD SERVICES RFP NO.: 23-027 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 MONICA M. SUTER Project Manager (714) 647-5645 Office msuter(a)santa-ana.or ti� '3-CA 43 Cf.- Nabil Saba, P.E. Executive Director Public Works Agency KEY RFP DATES (Subject to change at discretion of City): Issue Date: Wednesday, March 15, 2023 Deadline for Requests for Information: Wednesday, March 22, 2023 Proposal Due Date: Wednesday, March 29, 2023 Projected Award Date: Tuesday, May 16, 2023 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than Wednesday, March 29, 2023 at 5:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be delivered in an enclosed sealed envelope and marked clearly with the following in the new grey box on the first floor of Ross Annex at City Hall. "SEALED PROPOSAL FOR CROSSING GUARD SERVICES RFP NO.23-027 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: MONICA SUTER Public Works Agency; M-43 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For further instructions regarding hard copy submission of proposals, refer to PlanetBids and Section I - Introduction/Program Description in this RFP. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at hlt2s://www.planetbids.com/portal/Tortal.cfm?Compg&ylD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City of Santa Ana RFP 23-027 Page 2 TABLE OF CONTENTS I. INTRODUCTION / PROGRAM DESCRIPTION 4 II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. FIRM RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT III. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES & SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS C. ADDITIONAL REQUIREMENTS D. FINANCIAL INFORMATION 6 8 IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 11 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD 12 A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION 12 A. KICK-OFF MEETING B. NOTICE TO PROCEED VII. PUBLIC RECORDS 12 VIII. APPENDICES 12 ATTACHMENT 1: SCOPE OF SERVICES & CROSSING GUARD LOCATIONS ATTACHMENT 2: STANDARD CONSULTANT AGREEMENT ATTACHMENT 3: FEE PROPOSAL - COST FORM ATTACHMENT 4: CERTIFICATIONS City of Santa Ana RFP 23-027 Page 3 I. INTRODUCTION / PROGRAM DESCRIPTION Nature of Work: The City of Santa Ana, California is soliciting proposals from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. The out -sourced crossing guard program will include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana. The City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract one additional two—year term. It is anticipated that this new contract will commence on July 1, 2023. Number of Proposals and Signature: Three (3) hard copies are required to also be delivered in addition to the electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL" and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company. Note: the The Statement of Qualifications, detailed in this RFP under Section III, shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits and/or attachments shall be maximum size of 11 inches x 17 inches. Proposal Evaluation and Rating_ The criteria for evaluating the SOQ submitted will take the following items into consideration: o Overall understanding 25% o Qualifications and experience 25% o Supervisory personnel's qualifications, experience, time commitment 25% o Overall quality of the proposal 25% The City will establish a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. City of Santa Ana RFP 23-027 Page 4 Term of the Contract: The City desires to enter into a contract with the top scoring firm for an initial three (3) year term with a City option to extend the contract for up to two additional, one-year renewals. This term will be specified outlined in the Agreement. A copy of the Standard Consultant Agreement is provided in the Appendix of this RFP in Attachment 2 — Standard Consultant Agreement. City of Santa Ana RFP 23-027 Page 5 II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment and financial arrangement for all charges related to the contract. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. Additional financial capacity information, if any, is identified in the Attachment 1- Scope of Services —. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at hgps://www.planetbids.coM/portal/portal.cfm?CompanyID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City's project manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Services. City of Santa Ana RFP 23-027 Page 6 F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in Attachment 1 - Scope of Services within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a "New Vendor Checklist", which outlines insurance requirements. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. H. PRE -PROPOSAL MEETING Should a pre -proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the scope of services and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. City of Santa Ana RFP 23-027 Page 7 III. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 2. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 1. STATEMENT OF OUALIFICATIONS a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 - Standard Consultant Agreement in the Appendix. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the City of Santa Ana RFP 23-027 Page 8 presentation, if invited for an interview. (Also see Section C - Additional Requirements and Section D — Financial Information.) d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of Services and associated fee estimate. e. Relevant Project Experience: Proposal shall include a list of recent and relevant projects, which your firm and/or personnel have completed within the last five (5) years, including significant work with public agencies. Project information should include project description, project location, year completed, and client name and contact information. City of Santa Ana staff may conduct site visits at select projects. The City is particularly interested in selecting a Consultant/Contractor that has extensive experience in providing adult crossing guard services to municipalities. f. References: Proposals shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work to be performed, the tasks to be accomplished, the deliverables to be provided for the locations indicated, and the schedule / timeline to complete the work, based upon the requested and detailed version in this RFP and as listed in Attachment 1 - Scope of Services and as otherwise required herein. 3. FEE PROPOSAL: The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined and required in Attachment 1 - Scope of Services to be carried -out while carrying all of the required insurance indicated in Attachment 2 — Standard Consultant Agreement. The cost information that will need to be completed and sealed is in Attachment 3 - Fee Proposal. City of Santa Ana RFP 23-027 Page 9 The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: Attachment 4-1: Non -Collusion Affidavit Attachment 4-2: Non -Lobbying Certification Attachment 4-3: Non -Discrimination Certification C. ADDITIONAL REQUIREMENTS 1. Training — Provide a description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re- testing and re-evaluation of your existing crossing of time for re -testing and re- evaluation of your existing crossing guards. A copy of or link to of all training manuals should be included in the proposal (if any). 2. Project Staffing — Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24- hour written or telephonic notice. 3. Subcontractors — Identify any subcontractors that would be used to implement, staff and manage the crossing guard program. Give a detailed description of their involvement, scope of work, and responsibilities. D. FINANCIAL INFORMATION 1. Submit a copy of your firm's most recently audited, as well as current (reviewed) financial statement. City of Santa Ana RFP 23-027 Page 10 2. Provide the following information relative to your firm's claims history for the past five (5) years. A. List all claims, demands for arbitration and/or lawsuits filed by your firm, predecessor company, or company officers against project owners or their agents. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount 5) Current Status 6) Award or Settlement Amount B. List all claims, demands for arbitration and/or law suits filed by project owners, their agents or subcontractors against your firm, predecessor companies, its agents or bonding company. 1) Name of Project Owner 2) Project Completion Date 3) Basis for Claim 4) Claim or Suit Amount 5) Current Status 6) Award or Settlement Amount IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The selection committee will be comprised of at least (3) City staff members. The committee may/may not interview the top-ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions. City of Santa Ana RFP 23-027 Page 11 V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend awarding a contract to the top-ranking proposer that will provide the best value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the Attachment 2 - Standard Agreement attached in the Appendix. VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contracts. Consultants and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. VII. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this REP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. VIIL APPENDICIES See Attachments 1 — 4. City of Santa Ana RFP 23-027 Page 12 Appendix ATTACHMENT 1 SCOPE OF SERVICES & CROSSING GUARD LOCATIONS I. INTRODUCTION The City of Santa Ana, California is soliciting proposals from qualified firms to provide adult crossing guard services to aide elementary school -aged students within the community as they walk to and from school. The Consultant will provide services including recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana at the locations identified in Table A -CROSSING GUARD LOCATIONS in Section VII (page 6 of 7) of this Attachment 1. The City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract for two additional one—year terms. It is anticipated that this new contract will commence on July 1, 2021. II. BACKGROUND The City of Santa Ana is located in central Orange County approximately 30 miles southeast of Los Angeles. Santa Ana covers 27.37 square miles and is the 2nd most populous city in Orange County with approximately 314,000 residents. The City of Santa Ana is the County Seat of Orange County, which can lead to an increase in the daytime population by approximately 50% during normal business hours. Santa Ana is bordered by the cities of Orange, Tustin, Garden Grove, Irvine and Costa Mesa. Santa Ana has a diverse population comprised of approximately 65% Hispanic, 24% White, 9% Asian, 1% Black, and 1% American Indian, Eskimo or other. There are approximately 54,000 students of all ages enrolled in schools throughout the City. The City of Santa Ana has a mild climate with an average annual temperature of 75 degrees, and an average annual rainfall of 13.7 inches. Crossing guard locations are strategically positioned near schools located within the Santa Ana Unified School District, the Garden Grove Unified School District and the Orange Unified School District. In 2022, approximately 47,500 hours of crossing guard services were provided to the children of Santa Ana's community. All City Management Services currently manages the Adult Crossing Guard Program which consists of 55 crossing guards who provide crossing guard services to school locations within the city limits, which are listed in Table A — CROSSING GUARD LOCATIONS. Oversight was previously provided by the Santa Ana Police Department, however in the summer 2020, program oversight was transferred to the Public Works Agency — Traffic Engineering Department. The Consultant/Contractor also oversees the recruitment, training, and management of all crossing guards, as well as their placement at locations as requested by the City. This will be the responsibility of the successful proposer. Page 1 of 5 Non -Fed Funding (6.1.2020) III. SCOPE OF WORK The scope of work consists of providing services for the Adult Crossing Guard Program. The successful Consultant/Contractor/Service Provider will agree to perform school crossing guard services for the City of Santa Ana for the school districts within the city limits. The scope of work shall include the following: 1. The Contractor shall monitor, supervise, and assure the safety of all school children that utilize intersections and crosswalks while moving to and from school zones. 2. The Contractor shall perform all work to the highest professional standard an in a manner deemed reasonably satisfactory by the Public Works Director or director's designee. 3. Contractors will provide an estimated 49,500 hours per year of crossing guard services by qualified adult crossing guards as shown in Table A and any modified or new crossing guards must also be approved by the City of Santa Ana. These estimated hours are based on the number of crossing guard hours per day (at all crossing guard locations) multiplied by the number of annual school days with a contingency and rounded up. However, the Contractor is required to staff the crossing guard positions whenever the schools modify their schedules to accommodate the academic needs of their students. These modifications in terms of crossing guard hours are included in the estimated 49,500 hours of crossing guard services anticipated to be provided in the 2023-2028 school years. 4. New locations may be added at the City's request and the Contractor shall increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 5. Contractor shall provide all administrative duties associated with the Adult Crossing Guard Program in the City of Santa Ana. 6. The Contractor shall provide supervision of all employees associated with conducting the Adult Crossing Guard Program, including the recruitment, hiring, training, discipline, and termination of employees. 7. Contractor shall provide all facilities, vehicles, and other associated equipment related to conducting the Adult Crossing Guard Program. Required equipment will, at a minimum, include safety-reflectorized vests, stop signs, whistles, rain gear, and photo -identification badges and as required by the latest state and other regulations. 8. Contractor shall provide all employees with equipment that complies with all applicable laws and established safety standards. 9. Contractor agrees to offer employment to the currently employed All City Management Services employees who have been performing City of Santa Ana Adult School Crossing Guards services assuming they meet the Contractor's requirements. Furthermore, the Contractor shall ensure that the previous Adult School Crossing Guards employees, at a minimum, meet the conditions of Section III, Subsection 13 of this scope of work as well as the Contractor's hiring and retention policy. If the current employee meets the hiring Page 2 of 5 Non -Fed Funding (6.1.2020) and retention criteria of the Contractor, they shall be offered employment with the Contractor for at least their prior City hourly rate. 10. The Contractor shall arrange for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. The Contractor shall contact the Santa Ana Public Works Agency immediately if a position cannot be filled by the Contractor; however, it remains the Contractor's responsibility to ensure coverage for all locations where crossing guards are maintained. 11. The Contractor shall be responsible to coordinate with the affected schools and school districts to ensure coverage is provided at designated locations when school schedules are modified and/or changed for any reason that requires students to arrive or depart at a time that is different than the norm. 12. Contractor will provide all of the required training for employees selected to be crossing guards. 13. The Contractor shall certify that all employees selected to perform the duties of a crossing guard in the City of Santa Ana have never been convicted of any felony, a crime of moral turpitude, or any crime against children. In addition, the recruitment process shall incorporate a Pre -Employment Screening Program that includes: a. An employment reference check b. A criminal background checks and fingerprint check c. A drug and alcohol screening test d. Social Security verification e. Only documented, authorized Contractor employees are eligible to work or permitted on or in City facilities (Verification of the INS-9 forms must be provided to the City upon request) 14. Any employee whose conduct is not satisfactory, as determined by the City of Santa Ana shall be removed from providing crossing guard services in the City of Santa Ana. 15. The Contractor shall investigate all public complaints concerning crossing guard services. In the event of a complaint, the Contractor shall contact the City of Santa Ana Public Works Agency at (714) 647-5672, within two (2) hours and email the City's Project Manager, to advise the nature of the complaint and the course of actions/remedy/resolution of said complaint. Contractor shall furnish a written report of the incident to the City of Santa Ana Public Works Agency within five (5) business days after the occurrence. Contractor shall maintain detailed records and reports of the total number of hours of service provided. These records shall list the number of hours worked at each location. These records will be made available for inspection and audit by the City of Santa Ana at any time. IV. EXAMINATION OF WORK AREA Consultant/contractor is responsible for familiarizing themselves with the applicable schools and Crossing Guard locations prior to having submitted a proposal. Submission of a proposal Page 3 of 5 Non -Fed Funding (6.1.2020) shall be deemed conclusive evidence that such a tour has been made by each Consultant/Contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, the City will provide, if requested, available information, which it deems may be of assistance to prospective Contractors. It should be noted that street intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana. V. ADDITIONAL REQUIREMENTS 1. Training —Create and maintain a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re -testing and re-evaluation of your existing crossing of time for re -testing and re-evaluation of your existing crossing guards. Provide a link to the City for all training manuals. 2. Project Staffing — Keep the City Appraised of any changes in key personnel identified in the proposal as the project manager and the person designated as the field supervisor. These qualified individuals will have experience in supervising school crossing guards, and other employees who will be associated with the service. . The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice. If applicable, submit a plan to hire existing All City Management Services employees, as required in the scope of work, who were providing Part -Time Adult Crossing Guards services, including the pay scale proposed to compensate these individuals. Update and maintain an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final and/or modified staffing plans. Update and maintain plan to ensure all positions are properly staffed during the times designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duty. 3. Subcontractors — Identify any subcontractors that would be used to implement, staff and manage the crossing guard program. Give a detailed description of their involvement, scope of work, and responsibilities. VI. CROSSING GUARD LOCATIONS Crossing guards shall be provided as required by each school and school district to serve at locations noted in and shall be updated when required in addition to TABLE A. Page 4 of 5 Non -Fed Funding (6.1.2020) TABLE A - CROSSING GUARD LOCATIONS (P., Yttk] ® ®®®®®w� (P., Yttk) L... ei.t It4trite4i.t M.t I T.tr I W&A I TL. Fri T.e.l 31 McFadd..?Pacific 4.0 4.0 4.0 4.0 4.0 20.0 32 Willitr6ulliVan(NE) 3.7 3.7 3.7 3.7 3.7 18.7 33 WillitrORaitt(NE) 3.7 3.7 3.7 3.7 3.7 18.7 34 Fl... rlBirhnp(SW) 3.7 3.7 3.7 3.7 3.7 18.7 35 Fl... r0Highland(SW) 3.7 3.7 3.7 3.7 3.7 18.7 n 1-1a6arkOSkandard(SW) 4.0 4.0 4.0 4.0 4.0 20.0 37 Edinq.rlSkandard(NW) 4.0 4.0 4.0 4.0 4.0 20.0 M OIiu Mlrhir.(NW) 4.2 4.2 4.2q 4.2 4.2 21.2 39 Fl... rMlrhir.(HW} 4.2 4.2 4.2 4.2 4.2 21.2 40 C.ntrallHalladax(HW) 3.7 3.7 3.7 3.7 3.7 18.7 41 Monk. 4irtalRaitt (E-AM) (W-PM) 3.5 3.5 3.5 3.5 3.5 17.5 42 Oh.,enuklHalladar(HE) 4.0 4.0 4.0 4.0 4.0 20.0 43 Oh.,knu"S'andard(SW) 4.0 4.0 4.0 4.0 4.0 20.0 44 Brirk.16anka Clara (SW) 3.7 3.7 3.7 3.7 3.7 1*.751 45 Santa OlaralBak.r(SW) 3.7 3.7 3.7 3.7 3.7 1k.7 46 Fairui..omth 3.7 3.7 3.7 3.7 3.7 1k.7 47 Fl... rOM-Arkhur(HE) 4.0 4.0 4.0 4.0 4.0 20.0 48 Alk-OG--ill.(SE) 3.7 3.7 3.7 3.7 3.7 1k.7 49 BirhuplStanJard(HW) 4.0 4.0 4.0 4.0 4.0 20.0 50 Fl...rMnahur,t(SW) 3.75 3.7 3.7 3.7 3.7 18.7 51 Fl...rlWarn.r(SW) 3.7 3.7 3.7 3.7 3.7 18.7 52 W-hingt-Mak.r(SE) 3.7 3.7 3.7 3.7 3.7 18.7 53 Bak.r122nd 3.5 3.5 3.5 3.5 3.5 17.5 54 Rita Wa, da- 3.7 3.7 3.7 3.7 3.7 18.7 55 Waln t0Birah 4.0 4 00 4.0 4.0 4.0 20.0 56 N-Location 4.2 4.2 4.2 4.2 4.2 21.2 Hour, p.r...k 1056.25 Day, p.r...k 5 .aipbruufd.y- chb V+4 ilfx y 0-tinq.ncy hour, l day 60 Total hour, l day 271.25 IsrtlJEdcrd@tr--S.r �iV School day, p.r x.ar 1*3 Hour, p.r x.ar 0410 Tirtfh6crfJri--Str �#Sfifi School Schedules Santa Ana Unified School District (SAUSD) Traditional Schedule - City of Santa Ana Schools within the SAUSD and that typically operate on the traditional school schedule for an average of 180 days/year beginning in August and ending in early June. Garden Grove Unified School District (GGUSD) Traditional Schedule - City of Santa Ana schools within the GGUSD that typically operate on the traditional school schedule for an average of 180 days/year beginning in August and ending in early June. Orange Unified School District (OUSD) Traditional Schedule - City of Santa Ana Fairhaven Elementary School is the only OUSD school and it typically operates on the traditional school schedule for an average of 180 days/year beginning in August and ending in June. Bilingual English/Spanish Crossing Guards are desirable due to the large Hispanic population and the high number of Spanish speaking residents in the City of Santa Ana. Abbreviations N/E or NE Northeast N/W or NW Northwest S/E or SE Southeast S/W or SW Southwest S.A. or SAUSD Santa Ana Unified School District G.G. or GGUSD Garden Grove Unified School District Org. or OUSD Orange Unified School District Priv. Private School Page 5 of 5 Non -Fed Funding (6.1.2020) Appendix ATTACHMENT 2 STANDARD CONSULTANT AGREEMENT STANDARD CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of , 2023 by and between ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skills and knowledge in the field of: Adult school crossing guard services to aide primarily school children of our community as they walk to and from school. This Adult School Crossing Guard Program (the "Program") includes the recruitment, training, supervision, coordination, and management of the entire Program. The crossing guard locations currently anticipated in the City of Santa Ana locations are included in RFP # 23-027 and may be changed to other locations within the City, if required. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm appropriately knowledgeable to provide these services. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed during the three-year term of this Agreement. See extension period option under Section 3. Page 1 of 11 Non -Fed Funding (6.1.2020) b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three-year term with the option for the City to grant up to, two one-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in Page 2 of 11 Non -Fed Funding (6.1.2020) any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, their agents, representatives, employees or subconsultants/subcontractors with the Minimum Scope and Limit of Insurance as follows: a. Commercial General Liability (CGL). Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separatelyto this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall betwice the required occurrence limit. b. Automobile Liability. Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if the Contractor has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no less than $1,000,000 per accident for bodily injury and property damage. C. Worker's Compensation. As required by the State of California, with Statutory Limits and Employer's Liability Insurance with limit no less than $1,000,000 per accident for bodily injury or disease. d. Sexual Abuse or Molestation (SAM) Liability: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. f. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. ii. Certificates and policies shall state that the policies "shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City" and this wording shall be included within each insurance certificate. iii. Where the amounts or coverage provided by Consultant are broader and/or greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement and coverage shall be available to the City and/or Entity. Page 3 of 11 Non -Fed Funding (6.1.2020) iv. Consultant shall supply City with a fully executed additional insured endorsement. g. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City and any other related Entities for any work performed prior to approval of insurance by the City. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, all related Entities, its officers, officials, employees, agents, and volunteers to ensure they will be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. 2. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, any related Entities, its officers, officials, employees, agents, and volunteers. The Insurance Company agrees to waive all rights of subrogation against the City, Entities, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Consultant for the City and/or any related Entities. This provision also applies to the Workers' Compensation policy. 4. Each insurance policy required above shall provide that coverage shall not be cancelled, except with the prior notice as required in this agreement above. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. Verification of Coverage Contractor shall furnish the City with original Certificates of Insurance including all required and mandatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. The City reserves the right to require completed, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time. Special or Low Risk Activities City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. The City Page 4 of 11 Non -Fed Funding (6.1.2020) reserves the right to modify or waive insurance requirements for certain low risk recreational activities. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 5 of 11 Non -Fed Funding (6.1.2020) 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Page 6 of 11 Non -Fed Funding (6.1.2020) Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, certifications, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS Page 7of11 Non -Fed Funding (6.1.2020) a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency, City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 & email: nsaba(asanta-ana.org To Consultant: Fax: & Email: & Courtesy Copy to: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the Page 8 of 11 Non -Fed Funding (6.1.2020) transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer Hall Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: John Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Page 9of11 Non -Fed Funding (6.1.2020) EXHIBIT A SCOPE OF SERVICES Page 10 of 11 Non -Fed Funding (6.1.2020) EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable Page 11 of 11 Non -Fed Funding (6.1.2020) Appendix ATTACHMENT 3 FEE PROPOSAL AND COST FORM COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM HOURLY STAFF SALARY Crossing Guard Salary (Hourly) Crossing Guard Supervisor Salary (Hourly) COST SUMMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 49,500 hours) Supervisor Salary (Hourly Rate x estimated annual hours) Payroll Tax Workers Compensation S 19 Liability Insurance $ Administrative Overhead $ Profit $ TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $ Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 49,500 hours Total Annual Cost of Adult Crossing Guard Program Total Crossing Guard Billing 49,500 hours $ / Hr Page 1 of 2 Non -Fed Funding (6.1.2020) 1. Name of Organization: 2. Organization is Corporation Association _ Partnership Sole Proprietor (Check One) COST PROPOSAL FORM GENERAL INFORMATION 3. Organization Address and Telephone Number: 4. List the Name, Title and Telephone Number(s) of the Organization's Authorized Representatives: Page 2 of 2 Non -Fed Funding (6.1.2020) Appendix ATTACHMENT 4-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP 23-027 Page A4-1 Appendix ATTACHMENT 4-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date City of Santa Ana RFP 23-027 Page A4-2 Appendix ATTACHMENT 4-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP 23-027 Page A4-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: City of Santa Ana RFP 23-027 Page A4-4 EXHIBIT 3 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ALL CITY MANAGEMENT SERVICES, INC. TO PROVIDE A SCHOOL CROSSING GUARD PROGRAM THIS AGREEMENT is made and entered into on this 20th day of June, 2023 by and between All City Management Services, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). A. Adult school crossing guard services to aide primarily school children of our community as they walk to and from school. This Adult School Crossing Guard Program (the "Program") includes the recruitment, training, supervision, coordination, and management of the entire Program. The crossing guard locations currently anticipated in the City of Santa Ana locations are included in RFP # 23-027 and may be changed to other locations within the City, if required. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm appropriately knowledgeable to provide these services. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFP No. 23-027, attached hereto as Exhibit A and incorporated herein by this reference, and as further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated herein by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended during the term of this Agreement shall not exceed $5,343,125 including extension options. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2023 for a three (3) year term with the option for the City to grant up to a two (2) one M-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 2 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claimsfor injuries to persons or damages to property which may arise from or in connection with theperformance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separatelyto this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall betwice the required occurrence limit. • Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limits no less than $1,000,000 per accident for bodily injury and propertydamage. • Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Sexual Abuse or Molestation (SAM) Liability: If the work will include contact withminors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Consultant shall obtain and maintain a policycovering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Instructor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may requirethe Instructor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide,or be endorsed to provide, that the self -insured retention may be satisfied by either the namedinsured or City. K Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts or equipment furnished in connection with such work or operations. 2. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, agents, and volunteers. 3. The Insurance Company agrees to waive all rights of subrogation against the City,its elected or appointed officers, officials, agents, and employees for losses paid underthe terms of any policy which arise from work performed by the Instructor for the City. This provision also applies to the Instructor's Workers' Compensation policy. 4. Each insurance policy required above shall provide that coverage shall not be canceled,except with notice to the City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time. Special Events Coverage for Instructors Special events coverage is available for an additional fee to provide the liability insurance required by this agreement. Consultant can obtain additional information and cost from the City. Special or Low Risk Activities City reserves the right to modify these requirements, including limits, based on the nature ofthe risk, prior experience, insurer, coverage, or other special circumstances. The City reserves the right to modify or waive insurance requirements for certain low risk recreational activities. 8. INDEMNIFICATION Except to the extent the claims arise out of, pertain to, or relate to the gross negligence, recklessness, or willful misconduct of the City, its agents, contractors or employees, Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, 10 just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage (each, a ("Loss"), which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. In the event that Consultant's proposed duly qualified defense counsel is not reasonably acceptable to the City, the Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall n be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City for any reason upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, certifications, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 7 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency, City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 & email: nsabagsanta-ana.org To Consultant: David Mecusker Marketing & Contracts Manager 10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, CA 90670 Fax: 310.202.8325 & Email: david@thecrossingguardcompany.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney w. 44' em ; w Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba, P.E. Executive Director Public Works Agency I CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: EXHIBIT A for Release: REQUEST FOR PROPOSALS (RFP) FOR CROSSING GUARD SERVICES RFP NO.: 23-027 Tnl L�Ir roU-09Dwaeo U. CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-43 Santa Ana, CA 92701 MONICA M. SUTER Project Manager (714) 647-5645 Office msutera..san to -a n a.or2 G Nabil Saba, P.E. Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City) Issue Date: Wednesday, March 15, 2023 Deadline for Requests for Information: Wednesday, March 22, 2023 Proposal Due Date: Wednesday, March 29, 2023 Projected Award Date: Tuesday, May 16, 2023 Appendix ATTACHMENT 1 SCOPE OF SERVICES & CROSSING GUARD LOCATIONS I. INTRODUCTION The City of Santa Ana, California is soliciting proposals from qualified firms to provide adult crossing guard services to aide elementary school -aged students within the community as they walk to and from school. The Consultant will provide services including recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana at the locations identified in Table A -CROSSING GUARD LOCATIONS in Section VII (page 6 of 7) of this Attachment 1. The City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract for two additional one—year terms. It is anticipated that this new contract will commence on July 1, 2021. II. BACKGROUND The City of Santa Ana is located in central Orange County approximately 30 miles southeast of Los Angeles. Santa Ana covers 27.37 square miles and is the 2nd most populous city in Orange County with approximately 314,000 residents. The City of Santa Ana is the County Seat of Orange County, which can lead to an increase in the daytime population by approximately 50% during normal business hours. Santa Ana is bordered by the cities of Orange, Tustin, Garden Grove, Irvine and Costa Mesa. Santa Ana has a diverse population comprised of approximately 65% Hispanic, 24% White, 9% Asian, 1% Black, and 1% American Indian, Eskimo or other. There are approximately 54,000 students of all ages enrolled in schools throughout the City. The City of Santa Ana has a mild climate with an average annual temperature of 75 degrees, and an average annual rainfall of 13.7 inches. Crossing guard locations are strategically positioned near schools located within the Santa Ana Unified School District, the Garden Grove Unified School District and the Orange Unified School District. In 2022, approximately 47,500 hours of crossing guard services were provided to the children of Santa Ana's community. All City Management Services currently manages the Adult Crossing Guard Program which consists of 55 crossing guards who provide crossing guard services to school locations within the city limits, which are listed in Table A — CROSSING GUARD LOCATIONS. Oversight was previously provided by the Santa Ana Police Department, however in the summer 2020, program oversight was transferred to the Public Works Agency — Traffic Engineering Department. The Consultant/Contractor also oversees the recruitment, training, and management of all crossing guards, as well as their placement at locations as requested by the City. This will be the responsibility of the successful proposer. Page 1 of 6 III. SCOPE OF WORK The scope of work consists of providing services for the Adult Crossing Guard Program. The successful Consultant/Contractor/Service Provider will agree to perform school crossing guard services for the City of Santa Ana for the school districts within the city limits. The scope of work shall include the following: 1. The Contractor shall monitor, supervise, and assure the safety of all school children that utilize intersections and crosswalks while moving to and from school zones. 2. The Contractor shall perform all work to the highest professional standard an in a manner deemed reasonably satisfactory by the Public Works Director or director's designee. 3. Contractors will provide an estimated 49,500 hours per year of crossing guard services by qualified adult crossing guards as shown in Table A and any modified or new crossing guards must also be approved by the City of Santa Ana. These estimated hours are based on the number of crossing guard hours per day (at all crossing guard locations) multiplied by the number of annual school days with a contingency and rounded up. However, the Contractor is required to staff the crossing guard positions whenever the schools modify their schedules to accommodate the academic needs of their students. These modifications in terms of crossing guard hours are included in the estimated 49,500 hours of crossing guard services anticipated to be provided in the 2023-2028 school years. 4. New locations may be added at the City's request and the Contractor shall increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice. 5. Contractor shall provide all administrative duties associated with the Adult Crossing Guard Program in the City of Santa Ana. 6. The Contractor shall provide supervision of all employees associated with conducting the Adult Crossing Guard Program, including the recruitment, hiring, training, discipline, and termination of employees. 7. Contractor shall provide all facilities, vehicles, and other associated equipment related to conducting the Adult Crossing Guard Program. Required equipment will, at a minimum, include safety-reflectorized vests, stop signs, whistles, rain gear, and photo -identification badges and as required by the latest state and other regulations. 8. Contractor shall provide all employees with equipment that complies with all applicable laws and established safety standards. 9. Contractor agrees to offer employment to the currently employed All City Management Services employees who have been performing City of Santa Ana Adult School Crossing Guards services assuming they meet the Contractor's requirements. Furthermore, the Contractor shall ensure that the previous Adult School Crossing Guards employees, at a minimum, meet the conditions of Section III, Subsection 13 of this scope of work as well as the Contractor's hiring and retention policy. If the current employee meets the hiring Page 2 of 6 and retention criteria of the Contractor, they shall be offered employment with the Contractor for at least their prior City hourly rate. 10. The Contractor shall arrange for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. The Contractor shall contact the Santa Ana Public Works Agency immediately if a position cannot be filled by the Contractor; however, it remains the Contractor's responsibility to ensure coverage for all locations where crossing guards are maintained. 11. The Contractor shall be responsible to coordinate with the affected schools and school districts to ensure coverage is provided at designated locations when school schedules are modified and/or changed for any reason that requires students to arrive or depart at a time that is different than the norm. 12. Contractor will provide all of the required training for employees selected to be crossing guards. 13. The Contractor's crossing guard recruitment process shall incorporate a Pre -Employment Screening Program that includes: a. An employment reference check; b. Criminal background checks and fingerprint check. Contractor shall require all of its employees, subcontractors, independent contractors, and agents providing services to minors to voluntarily submit to and pass a criminal background investigation. Said criminal background investigation shall be conducted by Contractor at Contractor's sole cost. Any person who has not completed said criminal background investigation or who has been identified by Contractor as being ineligible to perform services shall not provide services related to this Agreement. Any person with a record of a conviction (or guilty plea) of a felony or a misdemeanor involving a violent or sexual crime, including those crimes set forth in Penal Code Section 11105.3, and possession of a controlled substance or drug paraphernalia, shall not perform any services or work related to the Agreement. Contractor shall require all persons undergoing a criminal background investigation under this section to submit for said investigation on an annual basis prior to the commencement of each school year throughout the term of the Agreement at no cost to the City; c. A drug and alcohol screening test; d. Social Security verification; and e. Only documented, authorized Contractor employees are eligible to work or permitted on or in City facilities (Verification of the INS-9 forms must be provided to the City upon request). 14. Any employee whose conduct is not satisfactory, as determined by the City of Santa Ana shall be removed from providing crossing guard services in the City of Santa Ana. 15. The Contractor shall investigate all public complaints concerning crossing guard services. In the event of a complaint, the Contractor shall contact the City of Santa Ana Public Works Agency at (714) 647-5672, within two (2) hours and email the City's Project Manager, to advise the nature of the complaint and the course of actions/remedy/resolution of said Page 3 of 6 complaint. Contractor shall furnish a written report of the incident to the City of Santa Ana Public Works Agency within five (5) business days after the occurrence. 16. Contractor shall maintain detailed records and reports of the total number of hours of service provided. These records shall list the number of hours worked at each location. These records will be made available for inspection and audit by the City of Santa Ana at any time. IV. EXAMINATION OF WORK AREA Consultant/contractor is responsible for familiarizing themselves with the applicable schools and Crossing Guard locations prior to having submitted a proposal. Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each Consultant/Contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, the City will provide, if requested, available information, which it deems may be of assistance to prospective Contractors. It should be noted that street intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana. V. ADDITIONAL REQUIREMENTS Training —Create and maintain a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re -testing and re-evaluation of your existing crossing of time for re -testing and re-evaluation of your existing crossing guards. Provide a link to the City for all training manuals. 2. Project Staffmg — Keep the City Appraised of any changes in key personnel identified in the proposal as the project manager and the person designated as the field supervisor. These qualified individuals will have experience in supervising school crossing guards, and other employees who will be associated with the service. . The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice. If applicable, submit a plan to hire existing All City Management Services employees, as required in the scope of work, who were providing Part -Time Adult Crossing Guards services, including the pay scale proposed to compensate these individuals. Update and maintain an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final and/or modified staffmg plans. Update and maintain plan to ensure all positions are properly staffed during the times designated by the City of Santa Ana and the affected school districts. The plan shall include Page 4 of 6 any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duty. 3. Subcontractors - Identify any subcontractors that would be used to implement, staff and manage the crossing guard program. Give a detailed description of their involvement, scope of work, and responsibilities. VI. CROSSING GUARD LOCATIONS Crossing guards shall be provided as required by each school and school district to serve at locations noted in and shall be updated when required in addition to TABLE A. TABLE A - CROSSING GUARD LOCATIONS (Per W++L3 L... si.4 1+t+r++scio N. Tarr W+41 TMr Fri I Tm%.1 L­do It.-cti.. Mew Tau W.4 TL.r Fri Tmtad 1 Ha:ardfWwR(IF45)(SE) 3.5 3.5 3.5 3.5 3.5 17.5 ;1 IMeFaddo-nfPacific 4.0 d.0 4.0 4.0 4.0 Yd.O 2 Fifth STlHuylan L. (H) 3.5 35 35 3.5 3.5 17.5 32 'WdlitrfSulliaan [NE] 3.7 3.7 3.7 3.7 3.7 18.7 3 Nvuh.pvfCamilo-(SE) 3.5 3.5 3.5 3-5 IPA17.5 33 'WillikdRaitt(HE) 3.7 3.7 3.7 3.7 3.7 18.7 4 H.uh.p.7..t(SW) 3.2 3.2 3.2 3.2 3.2 16,2 34 F1auo-r0Birh.p(SW) 3.7 3.7 3,7 3.7 3.7 18.7 5 H... rdf Rvit.-S.ISE) 3.2 3.2 3.2 3-2 3-Y 16.2 35 :F1.0 0Hiahland(SW) 3.7 3.7 3.7 3.7 3.7 1i.7 6 Fifth STIR- it. (S) 3.2 3.2 3.2 3,2 3.2 16.211 36 H.bartfSta.dard(SW) d.0 4.04 co 4.0 0.0 20.0 7 Camil.fJaekran(SW) 3.5 3.5 3.5 3.5 3.5 17.5 37 Edingo-rf5tandard(MW) d.01 4.0 Co 4.0 4.0 20.0 8 F.irh.... 00ld Grand(S) 3.7 3.7 3-7 17 3-7 18.7 3$ 01i vIWi4hiro-(HW) 4. 4.2 4.Y 4.Y 4.2 21.2 9 St. GDrtradef citt(SE) 3.7 3,7 3.7 3.7 3.7 18.7 34 FlnuvrfWikhirv(MW) 4.2 4.2 4.2 4.2 4.2 21.2 10 ;Santa A..fP.eifie(ME) 3.7 3.7 3.7 3. 3.7 1$.7 40 CentralfH.11adar (NW] 3.7 3.7 3.7 3.74 3.7 18.7 11 Fifth StfP..ifie(ME) 3.7 3.7 3.7 3.T 3.7 1$.7 47 M-AS Virt.(N;tt(E-AM) (W-PM) 3.5 3.5 3.5 3.5 3.5 17.5 12 0entvrfBerehard EIAM W1PM 3.7 3.7 3.7 3.7 3.7 I&T 42 Cho-rtnatfHalladay (ME) q.0 q.0 4.0 4.9 4,0 20.0 13 IEdinavrfGraanuilb (SE) 3.7 3.7 3.7 3.7 3.7 18.7 43 Chvrt_,,Standard(SW) 1.0 4.0 4.0 4,0 4.0 20.0 14 IEdiagarF0.m.r(H0W) 3.7 3.7 3.7d 3.7 3.7 18.7 44 &6n.ffS.nt. Clara(SW) 3.7 3.7 3.7 3.7 3.7 10.7 15 (Edinger fRaitt(NOW) 3.7 3.7 3.7 3-T 3-7 18.7 45 Santa Cl­ f$akvr(5W) 3.7 3.7 3.T 3.7 3.7 5 1$.7 16 IMai.IWarner (MW) 3.7 3.7 30 3.7 3.7 1$.7 46 iairr.io-ulFifth 3.7 3.7 3.7 3.7 3.7 18.7 17 1 MainfWarner(SE] 3.7 3.7 3.7 3.74 3.7 18.7 47 Flsuo-rfMacArthur (ME) 4.0M71 .0 20.0 I8rnaduarf0ubban(SE) 4.0 4.0 4.0 4.9 4.0 20.D 48 AltrniGrvvn.illa(SE) 7 3.T,7 18.7 Ciuie CerfEngl'vh (ME) 3.7 3.7 3.7 3.T 3.7 T8.7 qg B'vhopfStandard (NW) 0 4.0.0 20.0 P20 Santa A..&L y(HE) 3.5 35 3.5 3.5 3-5 17550 Flauo-rfpnahurrt(SW) 3.7.7 18.7'6thfL.cy(SE) 3,5 3-5 3.5 3.5 3.5 17,5Giaie S7 FlsuerfWarner(SW) 3.7.7 1$.7 CaneortLacxlMCy 3.5 35 3.5 3.5 3.5 17.5 52 Wohingtan0B.ker(SE) 1�7 3.7.724 M.eArehYrfR.itt St (SE) 3.7 3.7 3.7 3.7 3.7 3.7 3.7 x-1 3,7 18.7 53 Bakarf22nd 5 3..5 17.5 Greenuillo-fPamaSt(SE) 4A Z0.0 25 Mai.IW.lnut(SW) 4.2 42 4.2 4.2 4.2 1.Y54 RitaWaxfAdamr 7 3..7 1$.7Y6 McFaddenfFairaivu (HE) 4,2 q.Y 4.2 d.2 4.2 21.2 55 W.1n 08ireh 0 4..d 20.0 27 M.FaddenfFairW.u(SE) 4.2 4.2 4.2 42 4.2 21.2 56 Ho-uLac.ti.n 2 d..2 21.2 2g AJ.-ORaitt(SE) 3.7 3.7 3.7 3.7 3.7 18.7 H.urr pery k 1056.25 Uar+par uvek 5 drgdmwrrddvy- F.A do d Fl1ls:s C.ntingancx h.0 f d.y 60 29 M.F.dde.IStand.rd (ME) 3.5 3.5 3.5 3.S 3.5 17.5 30 a" a e Y 13.5 3.5 35 3.5 3.5 17.5 T.tal heard dar 271.25 Tif+lAf add. --Sr ?7iR Seh..ldayr pvr Year 183 Haurrpvr Yeer 49.410 Ta►d#rflY--S � gy„'fffR School Schedules Santa Ana Unified School District (SAUSD) Traditional Schedule - City of Santa Ana Schools within the SAUSD and that typically operate on the traditional school schedule for an average of 180 days/year beginning in August and ending in early June. Garden Grove Unified School District (GGUSD) Traditional Schedule - City of Santa Ana schools within the GGUSD that typically operate on the traditional school schedule for an average of 180 days/year beginning in August and ending in early June. Page 5 of 6 Orange Unified School District (OUSD) Traditional Schedule — City of Santa Ana Fairhaven Elementary School is the only OUSD school and it typically operates on the traditional school schedule for an average of 180 days/year beginning in August and ending in June. Bilingual English/Spanish Crossing Guards are desirable due to the large Hispanic population and the high number of Spanish speaking residents in the City of Santa Ana. Abbreviations N/E or NE Northeast N/W or NW Northwest S/E or SE Southeast S/W or SW Southwest S.A. or SAUSD Santa Ana Unified School District G.G. or GGUSD Garden Grove Unified School District Org. or OUSD Orange Unified School District Priv. Private School Page 6 of 6 EXHIBIT B "The Crossing Guard Company " A Proposal for City of Santa Ana Public Works Agency Crossing Guards Services REP No.: 23-027 March 29, 2023 Presented by r 10440 Pioneer Boulevard, Suite 5, Santa Fe Springs, CA 90670 OFFICE PHONE: 800.540.9290 FAX: 310.202.8325 EMERGENCY DISPATCH: 877.512.2267 www.thecrossingguardcompany.com d U h v ~O O r6^J FF '�" cl �..aj O G /� G C = x F A .� C y Id L+ O p bA °•Z C O w N U y pCdb F., D G by C N i Q C td Cn Fw U _ C O o $ cz y a4 U C � O C O y bCp to O O a y ca U a O y •y' O Ui .w o y c ❑+ bA p f cn a y o z Cl. w Q o y '� (U v c O ec > , a' y c a EM q b1l) V oC x °a bjo� V) U O co O v > ¢ ¢ V a w INKIRET-0-MI MENU City of Santa Ana Vice President of Operations Patricia Pohl 310 877 7045 cell National Operations Manager Kim Brooks 913 333 2563 cell Operations/Program Manager Michele Busch 949 648 4514 cell t Area Supervisor Jamie Flores 714 234 1690 56 Crossing Guards Field Management Personnel The most significant resources ACMS brings to any Crossing Guard program is the depth and scope of management provided by the years of experience brought by our operational management team. The community of Santa Ana will continue to benefit from a team concept which consists of Area Supervisor, Operations Manager, National Operations Manager and Vice President of Operations. Each Member of our management team is available 24 hours a day via cellular telephone. The following is a brief synopsis of the respective duties of each. Area Supervisor (Jaime Flores) Jamie will continue to be the Area Supervisor for the City of Santa Ana program. She will continue to handle all aspects of the daily supervision of the program of fifty-six (56) Crossing Guards and alternate/relief pool. With support from the Program Manager and National Operations Manager Jamie will typically recruit, hire, train and provide personnel management for all the sites they oversee and interface with school staff as needed. In addition to communicating with the City and School staff, they are responsible for ensuring each employee receives the proper number of Site Performance Evaluations, completed the Certification mandates. Jaime Flores reports directly to the Operations/Program Manager. Operations Manager (Michele Busch): Michele will serve as Program Manager and will directly manage your Area Supervisor and provide training and support. She will interface with the City representatives and School staff as needed. She will assist in the hiring of the Crossing Guards as well as the development and implementation of training programs and certification standards. Michele has considerable experience as a Program Manager overseeing many programs in Southern California. She will ensure compliance with Company standards and City of Santa Ana expectations and be the liaison to the City. Michele Busch reports directly to National Operations Manager. Operations Manager (Kim Brooks): Kim has over 5 years in the industry providing field management and support for ACMS. She is responsible for the development and implementation of operational standards, training programs, safety instruction and compliance with all legal requirements and restrictions. Works directly with Project Manager to ensure all program standards are being met. Kim has extensive experience implementing and managing comparable and larger programs. She is responsible for initial training and orientation for all new client programs. Kim Brooks reports directly to Vice President of Operations. Vice President of Operations (Pat Pohl): Pat has over 26 years of industry experience. She is responsible for overall contract compliance. Works with the Regional Support Manager on the development of training programs and implementation of safety standards. Coordinates the flow of information between operations and administrative staff. ACMS Scope of Services 1. All City Management Services, Inc. will handle the Crossing Guard services for the City Santa Ana Crossing Guard program for a three (3) year period; to commence on: the start of fall 2023 school semester, ending on the conclusion of the 2026 summer school session. 2. ACMS will provide an estimated fifty-six (56) personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. ACMS is an independent Consultant and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City of Santa Ana. 3. Crossing Guard Services shall be provided by ACMS at designated locations, identified by the City of Santa Ana and ACMS shall provide coverage at the school crossings as required. ACMS shall be flexible and provide guards for the hours and locations needed on the instructions of appropriate City personnel. 4. ACMS and all persons who are employed for assignment to this contract shall undergo fingerprint background checks to ensure they have not been convicted of any offense involving moral turpitude, felony for violent crimes, or crimes against children. ACMS understands no one registered as a sex offender or narcotics offender will be hired as a crossing guard. 5. ACMS understands each Crossing Guard shall undergo a physical assessment to ensure they are physically able to perform the functions of the job. 6. ACMS designated Trainer will conduct training for Crossing Guards. ACMS shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties ACMS and employees of the ACMS shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of California pertaining to general pedestrian safety and school crossing areas. 7. ACMS understands all crossing guards shall also receive training pertaining to general traffic safety for pedestrians, motorist and themselves while serving as crossing guards. 8. ACMS employees shall work to the highest professional standards and act in a courteous, respectable manner and shall conduct themselves in a manner that is befitting a public servant. They shall present a professional appearance, that is neat, clean, well-groomed and be properly uniformed. 9. ACMS shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. The apparel must be appropriate for weather conditions. 10.ACMS shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this agreement. 11.ACMS shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. ACMS shall provide for its employees a 24-hour answering service and shall establish its own call -out procedures and this information shall be included in proposal. City of Santa Ana School Crossing Guard Program (Estimated) Implementation Schedule / Major Milestones Contractor Notification (unofficial) May 81, 2023 City Council Approval May. 11th Contract and Insurance complete (Final Terms agreed to) May 25tn City of Santa Ana Kick -Off Meeting (Santa Ana Staff, ACMS Team) May 30th ACMS Training Review Meeting(s) with current crossing guards, substitutes (Assignments 1 schedules confirmed equipment delivered to guards) Week of June 61 School designees re -contacted and Monthly Status Meetings agreed to Week of Aug. 1' Additional Training/Equipment needs delivered Aug. 1st —Aug. 13th Guards re -contacted for assignment readiness Aug. 1 st — Aug. 13th Guards on site / Area Supervisor in field for Santa Ana Unified School District Aug. 14th Guards on site, Area Supervisors in field for Garden Grove Unified School District Aug. 141 Guards on site / Area Supervisors in field for Orange Unified School District Aug. 16th 60 Day Review City of Santa Ana / ACMS Team (next Review Meeting scheduled) Oct. 14th ADDITIONAL REQUIREMENTS Recruitment, Staffing and Training REC RU IT ME NTISTAF F I N G: ACMS Managers will assess the staffing needs of the City of Santa Ana on an ongoing basis. We will focus further recruitment efforts in the geographical areas where additional Crossing Guards will be needed. We have developed a comprehensive plan for recruitment of new Crossing Guards. As a part of our Staffing strategy, we encourage a very aggressive recruitment program. We utilize soft advertising, local media advertising, targeted flyers, on -site solicitation, school flyers, open hiring events, and employee referral bonuses as parts of our overall recruitment strategy. We often work closely with school districts in some of our recruitment drives. Our ability to effectively staff a Crossing Guard Program remains a fundamental benefit that ACMS brings to most Crossing Guard Programs. Staffing sites is one of the primary responsibilities of the Area Supervisors. They are trained to continuously recruit and train prospective Crossing Guards. New recruits are first processed and submitted to the Department of Justice for background clearance. Supervisors are also responsible for coordinating the staffing for all sites under their supervision. As part of our staffing strategy Area Supervisors aggressively enforce the following policies and procedures for Crossing Guards. ♦ Supervisors must maintain an adequate alternate or substitute guard roster. We encourage at least a 4 to 1 ratio of sites versus alternate guards ♦ We require any guard not reporting for duty to notify the Area Supervisor as early as possible utilizing our 24/7 Guard Hotline or directly notifying their Area Supervisor. Notifications less than 1 hour prior to shift starts are considered unexcused absences. ♦ Our employee policy is "No call, No show, No Job" Throughout our training we emphasize the importance of 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 — The City of Santa Ana would benefit from our presence in nearby cities such as: Costa Mesa, Newport Beach, Huntington Beach, Cypress, Laguna Niguel, Los Alamitos, Yorba Linda, Placentia, Fullerton, Stanton, and Orange County Sheriffs. Area Supervisors are grouped together by their geographic location. These Teams meet every quarter and team members are encouraged to work together. This cooperative effort allows them to share relief guards with each other, if needed. This has resulted in alternates guards getting more hours as they are "shared" with other Supervisors. Consequently, we are able to retain a more stable group of alternate guards. Employee Retention: To enhance employee satisfaction and support our retention efforts, ACMS reviews guards wage rates annually in an effort to continually remain competitive in the local labor market. If contractual and budget requirements allow; we plan to offer small wage increases a minimum of every two (2) years based upon performance and tenure. We also provide publicized employee recognition through our Crossing Guard of the Year programs and Length of Service Awards. Additionally, we provide local Area Supervisors and small budget for employee socials. TRAINING Effective initial and ongoing training is essential in a profession dedicated to the safety of children. With over 36 years of experience and commitment 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 beings during the first contact with a potential employee when our phone interview process outlines job expectations and our zero -tolerance policy for failure to report for a scheduled shift. Throughout the application process prospective employees are reminded about the critical nature of our assignment and the work ethic and integrity required of our employees. Once hired the training process starts in the classroom where the employee reviews sections of the "Employee Handbook for School Crossing Guards" and are shown the professionally produced training DVD, "Crossing Guard Safety". The process then moves to field practicum where the trainer demonstrates proper procedures and allows the employee to practice correct techniques. The employee's program is closely noted on the detailed steps outlined on the Field Training Checklist to ensure the employees' field competence. This cross -modality approach delivered by our certified trainer not only exposes the employee to the necessary training components but also addresses the needs of the visual, auditory and kinesthetic learner. While the classroom setting is expected to require approximately an hour and the field training approximately two hours. It is important tot note that the low ration of students to trainer allows for accurate assessments of the employees' readiness to move forward. The new employee is typically assigned to alternate work and closely supervised during their early assignments. They benefit from their trainer completing 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 subject to the same Site Performance Evaluation as an ongoing training and assessment tool. These evaluations happen n both side -by -side sessions as well as unannounced observations without the knowledge of the employee. The standard issue equipment and clothing includes. • ANSI II compliant high -visibility retro-reflective vest marked with the required insignia of a Crossing Guard - MUTCD compliant 18" STOP/STOP paddle Picture Identification Card with emergency contact information - Company -issued cap or visor with corporate logo Whistle for emergency alert to vehicles and pedestrians - High -visibility ANSI II compliant wind -breaker jacket EXHIBIT C Appendix ATTACHMENT 3 FEE PROPOSAL AND COST FORM PROGRAM PRICING FOR 2023/2024 SCHOOL YEAR COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM HOURLY STAFF SALARY Crossing Guard Salary (Hourly) Crossing Guard Supervisor Salary (Hourly) COST SUMMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 34,434 hours) Supervisor Salary (Hourly Rate x estimated annual hours) Payroll Tax Workers Compensation Liability Insurance Administrative Overhead Profit TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $17.00 $ 22.00 $ 585, 374.00 $ 41,866.00 $ 73,073.00 $ 62,438.00 $ 33,940.00 $149,413.00 $ 52,138.00 $998,242.00 Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 34,434 hours Total Annual Cost of Adult Crossing Guard Program Total Crossing Guard Billing Non -Fed Funding (6.1.2020) $ 998,242.00 34,434 hours $ 28.99 / Hr Page 1 of 2 Appendix ATTACHMENT 3 FEE PROPOSAL AND COST FORM PROGRAM PRICING FOR THE 2024/2024 SCHOOL YEAR COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM HOURLY STAFF SALARY Crossing Guard Salary (Hourly) $ 17.50 Crossing Guard Supervisor Salary (Hourly) $ 22.50 COST SUMMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 34,434 hours) $602,591.00 Supervisor Salary (Hourly Rate x estimated annual hours) $ 42,818.00 Payroll Tax $ 75,190.00 Workers Compensation $69,246.00 Liability Insurance $ 33,940.00 Administrative Overhead $149,413.00 Profit $ 25,044.00 TOTAL ANNUAL COST $ 998,242.00 ADULT CROSSING GUARD PROGRAM Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 34,434 hours Total Annual Cost of Adult Crossing Guard Program $ 998, 242.00 34,434 hours Total Crossing Guard Billing $ 28.99 / Hr Page 1 of 2 Non -Fed Funding (6-1 2020) Appendix ATTACHMENT 3 FEE PROPOSAL AND COST FORM PROGRAM PRICING FOR 2025/2026 SCHOOL YEAR COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM HOURLY STAFF SALARY Crossing Guard Salary (Hourly) $ 18.50 Crossing Guard Supervisor Salary (Hourly) $23.50 COST SUMMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 34,434 hours) $ 637,024.00 Supervisor Salary (Hourly Rate x estimated annual hours) $ 44,721.00 Payroll Tax $ 79,423.00 Workers Compensation $ 67,864.00 Liability Insurance $ 36,891.00 Administrative Overhead $162,237.00 Profit $ 56,855.00 TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $ 1,085,015.00 Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 34,434 hours Total Annual Cost of Adult Crossing Guard Program $1,085,015.00 34,434 hours Total Crossing Guard Billing Non -Fed Funding (6 1.2020) $ 31.51 / Hr Page 1 of 2 Appendix ATTACHMENT 3 FEE PROPOSAL AND COST FORM PROGRAM PRICING FOR 2026/2027 SCHOOL YEAR COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM HOURLY STAFF SALARY Crossing Guard Salary (Hourly) Crossing Guard Supervisor Salary (Hourly) COST SUMMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 34,434 hours) Supervisor Salary (Hourly Rate x estimated annual hours) Payroll Tax Workers Compensation Liability Insurance Administrative Overhead Profit TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $ 19.25 $ 24.25 662, 850.00 $ 46,148.00 $ 82, 598.00 $ 70,577.00 $ 38,448.00 $168,973.00 61,219.00 $1,130, 813.00 Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 34,434 hours Total Annual Cost of Adult Crossing Guard Program Total Crossing Guard Billing Non -Fed Funding (6. ] .2020) $ 1,130,813.00 34,434 hours $ 32.84 / Hr Page 1 of 2 Appendix ATTACHMENT 3 FEE PROPOSAL AND COST FORM PROGRAM PRICING FOR 2027/2028 SCHOOL YEAR COST PROPOSAL FORM ADULT CROSSING GUARD PROGRAM HOURLY STAFF SALARY Crossing Guard Salary (Hourly) Crossing Guard Supervisor Salary (Hourly) COST SUMMARY (Annual) Total Crossing Guards Salaries (Hourly Rate x 34,434 hours) Supervisor Salary (Hourly Rate x estimated annual hours) Payroll Tax Workers Compensation Liability Insurance Administrative Overhead Profit TOTAL ANNUAL COST ADULT CROSSING GUARD PROGRAM $ 20.00 $ 25.00 $ 688, 675.00 $ 45, 672.00 $ 85,552.00 $ 73,118.00 $ 38,448.00 $170,045.00 $ 29,303.00 $1,130, 813.00 Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 34,434 hours Total Annual Cost of Adult Crossing Guard Program Total Crossing Guard Billing Non -Fed Funding (6 12020) $ 1,130, 813.00 34,434 hours $ 32.84 / Hr Page 1 of 2