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ACMS - All City Management Services, Inc. - 2010-08-02
Council/Agency Meeting Held g AAC)lc) Deferred/Continued to A rove �0 CCoonodi ionall Approve 0 Denied City ler s Signa re Council Meeting Date August 2 2010 Department ID Number PD 10-008 CITY OF-HUNTINGTON REACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO Honorable Mayor and City Council Members SUBMITTED BY Fred A Wilson City Administrator PREPARED BY Kenneth W Small, Chief of Police SUBJECT Approve and authorize execution of a 3-year Agreement between the City of Huntington Beach and All City Management Services Inc for Crossing Guard Services beginning August 30 2010 Statement of Issue Council is being asked to approve a three-year contract with All City Management Services Inc (ACMS) to continue management of the Crossing Guard services Financial Impact Approval of this action does not affect 2009-10 budget Additional appropriations of $313,418 will be requested in the 2010-11 budget Recommended Action Motion to Approve and authorize the Mayor and City Clerk to execute a three-year Agreement Between the City of Huntington Beach and All City Management Services Inc for Crossing Guard Services beginning on August 30 2010 Alternative Action(s) Do not approve contract and advise staff on how to proceed -157- Item 13 - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE 8/2/2010 DEPARTMENT ID NUMBER PD 10-008 Analysis in the past three years the Police Department has had no adverse issues with All City Management Services Inc (ALMS) in providing adult crossing guard services The contract proposal will cost the City $313 418 a year for three years This is a reduction of $76 807 a year from year three of the current contract ($390,225) In order to maintain a successful crossing guard program the Police Department recommends contracting with ACMS to continue to provide adult crossing guard services ACMS has proposed a three-year contract agreement to continue services and management of crossing guards in Huntington Beach The contract requires a general liability insurance policy worker's compensation coverage and a hold harmless agreement At the request of the Police Department Transportation staff in Public Works has completed a review of the existing crossing guard locations within the City to determine which locations meet current crossing guard guidelines and developed a list of thirty locations to continue crossing guard service This is a reduction of seven locations from the current contract Many of the thirty-seven crossing guard locations in Huntington Beach were established years ago and at least seven no longer meet the staffing recommendations as defined by the California Manual of Uniform Traffic Control Devices Thus is due to the changes in volume of students who cross at a particular location or a design change to the roadway The locations are 1 Springdale and Croupier supporting Clegg Elementary School and Stacey Middle School 2 Garfield and Suva supporting Gisler Elementary School 3 Magnolia and Pioneer supporting Newland Elementary School 4 Yorktown and Windward supporting Newland Elementary School and Talbert Middle School 5 Garfield and Edwards supporting Huntington Seacliff Elementary School 6 Heil and Bradbury Lane supporting St Bonaventure Parish School 7 Heil and Thames supporting Sun View Elementary School The City reserves the right to alter add or delete locations based on future needs The recommended three-year contract with All City Management Services was prepared utilizing contractual agreements maintained by other public agencies therefore no bid solicitation process was conducted Environmental Status Not Applicable Strategic Plan Goal Maintain and Enhance Public Safety Attachment(s) Item 13 - Page 2 -158- —ay —=y --, — � s M � i e i 6 i —_ � — . AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALL CITY MANAGEMENT SERVICES, INC FOR CROSSING GUARD SERVICES THIS AGREEMENT ('Agreement ) is made and entered into this C21 day of 4xcya-r 2010 by and between the CITY OF HUNTINGTON BEACH a municipal corporation hereinafter called the "City " and ALL CITY MANAGEMENT SERVICES INC hereinafter referred to as "Contractor WHEREAS, City desires to engage the services of a Contractor to provide crossing guard services WITNESSETH The parties hereto have mutually covenanted and agreed as follows 1 SCOPE OF SERVICES Contractor shall provide all services as described in Exhibit "A,' which is attached hereto and incorporated into this Agreement by this reference These services shall sometime hereinafter be referred to as the ` Project' Contractor hereby designates Baron Farwell who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement 2 CITY STAFF ASSISTANCE The City's representative in dealing with the Contractor shall be designated by the City of Huntington Beach Police Department 3 TERM TIME OF PERFORMANCE The services of Contractor are to commence as soon as practicable after the execution of this Agreement by City (the `Commencement Date") This Agreement shall expire one (1) year from the Commencement Date, unless sooner terminated as provided therein All tasks specified in this Agreement shall be completed no later than one (1) year from the Commencement Date of this Agreement This schedule may be amended to benefit the Project if mutually agreed to in writing by City and Contractor 4 COMPENSATION In consideration of the performance of the services described therein, City agrees to pay Contractor on a time and materials basis at the rates specified in Exhibit "B, ' which is attached hereto and incorporated by reference into this Agreement, a fee including all costs and expenses not to exceed Three Hundred Thirteen Thousand Four Hundred Eighteen Dollars ($313 418) 07 1090 001/48494 1 5 EXTRA WORK In the event City requires additional services not included in Exhibit A or changes in the scope of services described in Exhibit A, Contractor will undertake such work only after receiving written authorization from City Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained 6 METHOD OF PAYMENT Contractor shall be paid pursuant to the terms of Exhibit B 7 HOLD HARMLESS Contractor hereby agrees to protect defend indemnify and hold harmless City its officers elected or appointed officials employees agents and volunteers from and against any and all claims damages, losses expenses judgments demands defense costs and consequential damage or liability of any kind or nature however caused, including those resulting from death or injury to Contractor s employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor caused in whole or in part by any negligent act or omission of the Contractor, any subcontractors anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable including but not limited to concurrent active or passive negligence, except where caused by the sole negligence or willful misconduct of the City Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractor's counsel City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing this obligation This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor 8 WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq of this Code, which requires every employer to be insured against liability for workers' compensation, Contractor covenants that it will comply with such provisions prior to commencing performance of the work hereunder Contractor shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits Contractor shall require all subcontractors to provide such workers compensation and employer's liability insurance for all of the subcontractors' employees Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation 9 INSURANCE In addition to the workers compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City a policy of general public liability insurance, including motor vehicle coverage covering the Project 07 1090 001/48494 2 This policy shall indemnify Contractor its officers employees and agents while acting within the scope of their duties against any and all claims arising out or in connection with the Project, and shall provide coverage in not less than the following amount combined single limit bodily injury and property damage including products/completed operations liability and blanket contractual liability of One Million Dollars ($I,000 000) per occurrence If coverage is provided under a form which includes a designated general aggregate limit the aggregate limit must be no less than One Million Dollars ($1 000,000) for this Project This policy shall name City its officers elected or appointed officials employees agents, and volunteers as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to the Project shall be deemed excess coverage and that Contractor's insurance shall be primary Under no circumstances shall said above mentioned insurance contain a self -insured retention, or a "deductible in excess of Five Thousand Dollars ($5,000) or any other similar form of limitation on the required coverage, without the prior written consent of City 10 CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, Contractor shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement the certificates shall 1 provide the name and policy number of each carrier and policy, 2 state that the policy is currently in force, and 3 promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of City Contractor shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City The requirement for carrying the foregoing insurance coverages shall not derogate from the Contractor's defense, hold harmless and indemnification obligations as set forth under this Agreement City or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance Contractor shall pay, in a prompt and timely manner, the premiums on all insurance heremabove required Contractor shall provide a separate copy of the additional insured endorsement to each of Contractor's insurance policies naming City, its officers, elected and appointed officials employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder 11 INDEPENDENT CONTRACTOR Contractor is, and shall be, acting at all times in the performance of this Agreement as an independent Contractor herein and not as an employee of City Contractor shall secure at its own cost and expense and be responsible for any and all payment of all taxes social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Contractor and its officers agents and employees and all business licenses, if any, in connection with the Project and/or the services to be performed hereunder 07 1090 001/48494 3 12 TERMINATION OF AGREEMENT Either party shall have the right to cancel this Agreement by giving ninety (90) days written notice to the other 13 ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned delegated or subcontracted by Contractor to any other person or entity without the prior express written consent of City If an assignment delegation or subcontract is approved all approved assignees delegates and subcontractors must satisfy the insurance requirements as set forth in this Agreement 14 CITY EMPLOYEES AND OFFICIALS Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code 15 NOTICE Except as otherwise provided herein, all notices required this Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to each party at the address listed below Either party may change the notice address by notifying the other party in writing Notices may be sent by either facsimile or U S Mail Notices shall be deemed received upon receipt of same or within 3 days of deposit in the U S Mail, whichever is earlier Notices sent by facsimile shall be deemed received on the date of the facsimile transmission TO CITY City of Huntington Beach Police Department Attn Sergeant Rob Warden 2000 Main Street Huntington Beach CA 92648 16 CONSENT TO CONTRACTOR All City Management Services, Inc Attn. Baron Farwell 1749 S La Cienega Blvd Los Angeles, CA 90035 When City s consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event 17 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless to writing and duly executed by both parties 19 IMMIGRATION 07 1090 001/48494 4 Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall in particular, comply with the provisions of the United States Code regarding employment verification 20 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written Contractor CITY OF HUNTINGTON BEACH a ALL CITY MANAG MENT SERVICES municipal corporation of the State of INC California By � ..8arw 1 Pres1 ent Mayo By De etra Fart 11, Secretary ity Clerk yjWJ11!) AP�D AS TO FORM City ttorney '�� 140 INITIATED AND APPROVED Police Chief © !� 0 0 AND APPROVED ty Administrator 07 1090 001/48494 5 EXHIBIT "A" A STATEMENT OE WORK (Narrative of work to be performed) CONTRACTOR shall provide crossing guard services for the City of Huntington Beach B CONTRACTOR'S DITTIES AND RESPONSIBILITIES 1 The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks Such personnel shall be herein referred to as a Crossing Guard The Contractor is an independent Contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City 2 If, at any time during the contract period, the City questions the meaning of any item of this Agreement the City may contact the Contractor for interpretation of that item 3 The City shall have the right to determine the hours and locations when and where Crossing Guards shall be furmshed by the Contractor The Contractor shall notify the City in writing of any changes which may need to occur in hours of work or locations 4 The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times and in accordance with all items of this Agreement 5 The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location 6 The Contractor shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards In the performance of their duties the Contractor and employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of California and the City of Huntington Beach 7 Persons provided by the Contractor as Crossing Guards shall be trained in the laws and codes of the State of California and the City of Huntington Beach pertaining to general pedestrian safety and school crossing areas 8 Crossing Guard Services shall be provided by the Contractor at the designated locations and at the designated hours on all days on which the designated schools in the City of Huntington Beach are in session 9 The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties This apparel must be appropriate for weather conditions The Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary 10 The Contractor shall conduct background investigation of all applications being considered for hire Contractor shall provide investigative results to the City of Huntington Beach Police Department prior to employment of crossing guard i 1 Contractor will seek to retain the current crossing guards for employment under ACMS C CITY'S DUTIES AND RESPONSIBILITIES i The City of Huntington Beach will provide to the contractor the locations of existing legally designated crossing guard locations jmp/contracts group/exA/7/12/07 I of 3 EXHIBIT "A" 2 The City of Huntington Beach will provide to the contractor the locations and names of schools and events requiring the presence of crossing guards The City of Huntington Beach will provide to the contractor timely notification of the addition or deletion of designated crossing locations D WORK PROGRANUPROJECT SCHEDULE Contractor shall follow the Work Program or Project Schedule shown in this exhibit Changes made to the Work Program or Project Schedule shall be made only if authorized in writing by a City representative Dist Location School Remarks I FV Bushard/Woodlawn R1 Oka/Talbert 2 FV Yorktown/Brigantine Oka 3 FV Yorktown/Honeywood Talbert 4 HB 12 /Main Dwyer/Smith 5 HB 14 /Crest 1 D er/Smith 6 HB 14 /Crest 2 Dwyer/Smith 7 HB 17 /Palm RI Dwyer/Smith 8 HB 15 /Palm Dwyer/Smith 9 HB Bannm ushard Eader 10 HB Banning/Malibu Eader 11 HB Bushard/Castle ate Sowers 12 HB Garfield/Colchester Perry 13 HB Garfield/Saddleback Seacliff 14 HB Indiana olis/Alisa Sowers/Hawes 15 HB Indianapolis/Titan Sowers 16 HB Indiana ohs/Farmsworth Peterson 17 HB Indianapolis/Magnolia NE Sowers/Moffett 18 HB Indianapolis/Magnolia SW Sowers/Moffett 19 HB Newland/Norfolk R1 Sowers/Moffett 20 OV AI on uin/Pearce Harbour View 21 OV Edwards/Down Circle View 22 OV Edwards/El Corti o Mesa View Lights 23 OV Heil/Monroe Westmont 24 OV Heil/Newland RI Westmont 25 OV Heil/Redlands College View 26 OV Heil/Trudy Spring View Lights 27 OV Saybrook/Branford RI Harbour View 28 OV Slater/Branford RI Mesa View 29 OV Slater/Geraldine RI Lake View 30 WM Edwards/Cornell Schroeder Dist Locatwn Schedule] Schedule 2 Schedule 3 Mod Schl Mod Sch2 FV BushardJWoodlawn RI 07 40 08 40 02 30 03 30 07 40-08 4 12 40-01 4 FV Yorktown/Brigantine 07300830 02 00-03 10 07 30-08 3 12 40-01 1 FV Yorktown/Honeywood 07 40 08 40 02 40-03 25 07 40-08 4 01 1001 1 HB 15 /Palm 07 45 08 45 02250320 07 45-08 4 01 10-02 1 HB 12 /Main 07 45-08 45 02 25-03 20 07 45-08 4 01 10-02 1 HB 14 /Crest 1 07 45-08 45 02 25-03 20 07 45-08 4 01 10-02 0 HB 14 /Crest 2 07450845 02 25-03 20 07 45-08 4 01 10-02 0 HB 17 /Palm 07 45-08 45 02 25-03 20 07 45-08 4 01 10-02 0 HB Bannm ushard 08 05-08 50 02 30-03 30 08 05-08 5 01 30-02 2 HB Banntn alibu 08 05-08 50 02 30-03 30 08 05-08 5 01 30 02 2 HB Bushard/Castle ate 07 45-08 45 0235 03 15 07 45-08 4 01 10-01 4 HB Garfield/Colchester 07 30-8 10 01 45-03 00 07 30-08 1 12 45-01 4 HB Garfield/Saddleback 07308 15 01 55 0250 073008 1 01 00-01 4 HB Ind /Ahsa 07 45-08 45 02 20-03 20 07 45-08 4 01 10-02 0 HB Indy/Titan 07 45-08 45 0235 03 15 07 45-08 4 01 10-01 4 HB Ind /Farmsworth 09 00-09 00 02 30 03 30 08 00-09 0 01 30 02 2 HB hidy/Magnolia NE 07 40-08 40 02 15 03 15 07 40 08 4 01 00 01 4 HB hidy/Magnolia SW 07 40 08 40 02 15-03 15 07 40 08 4 0100014 HB Newland/Norfolk 07 30 08 30 02 00-03 15 07 40 08 4 01 00-01 4 OV Algonquin/Pearce 07 45-08 45 02 10-03 40 07 45-08 4 12 40 01 3 OV Edwards/Down 07 15-08 15 01 40-03 10 07 15-08 1 12 1001 0 OV Edwards/El Cortijo 07 00-08 00 02 00 02 45 08 15-09 15 07 00-08 0 12 00-12 4 OV HeiUMonroe 07 45-08 45 02 10 03 40 0745 0840 1240 1 3 OV Heil/Newland 07 30 08 30 02 10-03 40 07 30-08 3 12 40 01 3 OV Heil/Redlands 07 1508 15 01 40-03 10 07 15-08 1 12 10-01 0 OV Heil/Trudy 07 00-08 00 02 00 02 45 08 15-09 15 07 00-08 0 1200 124 OV Saybrook/Branford 07 45-08 45 02 10-03 40 07 45-08 4 12 40-01 3 OV Slater/Cordoba 07 00 08 00 02 00 02 45 08 15-09 15 07 00-08 0 12 00-12 4 OV Slater/Geraldine 07 15-08 15 0140-0310 07 15-08 1 1210-010 WM Edwards/Cornell 07 20-08 20 02 1003 15 07 20-08 2 01 20-02 0 Z*** MOD SCH AM SCH3 Z*** ALTERNATE SCHEDULE 11/15/06 1/24 2/7 5/30 8 15 09 15 02 00-02 4 EXHIBIT "B" Payment Schedule 1 Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY 2 CONSULTANTS fees for such services shall be based upon the following hourly rate and cost schedule School Year Service Number of Guards Number of Hours of Service Per Day Number of Days Per Year for School Year Services Subtotal of Number of Hours for School Year Services Hourly Rate Subtotal Cost for School Year Summer School Program Number of Guards Number of Hours of Service Per Day Number of Days per Year for School Year Services Subtotal of Number of Hours for School Year Services Hourly Rate Subtotal Cost for School Year Total Cost Per Fiscal Year Year 1 Fees based on $14 09 per hour 30 4 180 21 600 $14 09 $304 344 7 4 23 644 $14 09 $9 074 $313 418 07 1090 001/50645 ATTACHMENT #2 ACC>RD CERTIFICi aE OF LIABILITY INSURA 'CE OP ID IH DATE(MM/DD/YYYY) ALLCI-1 04/01/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISU Curry Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic #0588757 HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR 489 E Colorado ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Pasadena CA 91101 Phone 626-449-3870 Fax 626-449-5268 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A _Lexington Insurance Co INSURER B All City Management Inc INSURER C 1749 S La Cienega Blvd INSURER Los Angeles CA 90035 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY POLICY E PI /YYYYTI N DATE MM/DD LIMITS A X GENERAL LIABILITY I X1 COMMERCIAL GENERAL LIABILITY 013135904 04/01/10 04/01/11 EACH OCCURRENCE $ 1 , O)0,000 I PRFMISFS(Ea occurence) $ 50 000 CLAIMS MADE X] OCCUR I MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1 , 000 , 000 _ GENERAL AGGREGATE s2,000 000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGG $ 1 , 000 , 0 00 POLICY JPRO O X LOC AUTOMOBILE LIABILITY ANY AUTO I COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS AI' (Per accident) $ HIRED AUTOS NON OWNED AUTOS "AT JE IFECity t me ���rirc� PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC AUTO ONLY AGG $ $ A EXCESS / UMBRELLA LIABILITY X OCCUR �CLAIMSMADE 013136396 04/01/10 04/01/11 EACH OCCURRENCE s4,000,000 AGGREGATE $4,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION OTH AND EMPLOYERS LIABILITY Y / N ANY PROPRIETOR PARTNER/EXECUTP OF-UGER/MEMBER EXCLUDED? I (Mandatory in NH) If yes describe under SPECIAL PROVISIONS below TORY LIMITS ER F CAC9 ACCIDENT _ E L DISEASE EA EMPLOYEE $ E L DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *10 days notice of cancellation in the event of non-payment of premium City of Huntington Beach, its officers, elected or appointed officials, employees, agents, volunteers, are additional insured as respects operations of the named insured per forms attached LX9466 10/03, LX9838 08/05, LEXOCC234 11/03 nvwr-rc CTYHUNT City of Huntington Beach Police Department Attn Sergeant Steve Bushhousen 2000 Main Street Huntington Beach CA 92648 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO' DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD 25 (2009101) The ACORD name and logo are regl ered m ks of ACORD reserved ENDORSEMENT This endorsement, effective 1201 AM 04/01/2010 Forms a part of policy no 013135904 tssued 10 ALL CITY MANAGEMENT INC By LEXINGTON INSURANCE COMPANY THIS ENDORSEMENT CHANGES TriE POLICY PLEASE READ IT CAREFULLY A Section 11 Who Is An Insured is amended to include any person or organization you are re quired to include as an additional Insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the occurrence of the bodily injury or property damage 8 The insurance provided to the above described additional insured under this endorsement is limited as follows 1 COVERAGE A BODILY INJURY AND PROPERTY DAMAGE (Section I Coverages) only 2. The person or organization is only an ad ditional insured wroth respect to liability arising out of your work or your pro duct for that additional insured 3 in the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement, the insurance pro vided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement, This endorsement shall not increase the Limits of Insurance: stated in the Declarations under Item 3 Limits of Insurance pertaining to the coverage provided herein 4 The insurance provided to such an additional insured does not apply to bodily injury" or property damage arising out of an architects engineers or surveyors rendering of or failure to render any pro fessional services including i The preparing approving or failing to prepare or approve maps shop draw- ings opinions reports surveys field orders change orders or drawngs and specificabons and ii Supervisory inspection architectural or engineering activities B This insurance does not apply to bodily injury or property damage" arising out of your work or your product included in the products completed operatons hazard unless you are required to provide sucn coverage by written contract or written agreement and then only for the period of time required by the written contract or written agreement and in no event beyond the expiration date of the policy Iricludg; i �t,� urmation of the insurance services Offices Inc LXM66 (101031 wrath i e �yys. ab��I 1 rights reserved Page 1 of 2 6 Any coverage provided by this endorse ment to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary excess contingent or on any other basis unless a written contract or mitten agreement specifically requires that this insurance apply on a primary or non contributory basis C Subparagraph (1)(a) of the Pollution exclusion paragraph 2 f Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I Coverages) does not apply to you if the bodily injury or property damage arises out of your work or your product performed on premises which are owned or rented by the additional insured at the time your work or your product is per formed D In accordance with the terms and conditions of the policy and as more fully explained in the policy as soon as practicable each additional insured must give us prompt notice of any occurrence which may result in a claim forward all legal papers to us cooperate in the defense of any actions and otherwise comply with all of the policy s terms and conditions Authorized Representative OR Countersignature (In states where applicable) lnclud"Ar 1,V1 .yiformation of the Insurance Services Offices Inc LX9466 (10/03) meth it e I rights reserved Page 2 of 2 ENDORSEMENT This endorsement effective 1201 AM 04/01/2010 Forms a part of policy no 013135904 Issued to ALL CITY MANAGEMENT INC By LEXINGTON INSURANCE COMPANY PRIMARYMON CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided by the policy Notvwthstanding any other provision of the policy to the contrary the insurance afforded by this policy for the benefit of the Additional Insured shall be primary insurance but only with respect to any claim loss or liability arising out of the Named Insureds operations and any insurance maintained by the Additional insured shalt be non contributing Ail other terms and conditions of the policy remain the same Authorized Representative OR Countersignature (in states where applicable} ENDORSEMENT This endorsement effective 1201 AM 04/01/2010 Forms a part of policy no 013135904 Issued to ALL CITY MANAGEMENT INC BY LEXINGTON INSURANCE CO WAIVER OF SUBROGATION (BLANKET) It is agreed that m in the event of a payment under this policy wave our right of subrogation against any person or organization where the insured has waived liability of such person or organization as part of a written contractual agreement between the insured and such person or organization entered into prier to the "occurrence or offense All other terms and conditions remain unchanged Authorized Representative OR Countersignature (in states where applicable) LE xO C C 234 111103) LX0 S CERTIFICATE OF LIABILITY INSURANCE OP ID GF—1t:IMMIUwITTTT ALLCI-1 1 06L2 10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ISU Curry Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lsc #0588757 HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR 489 E Colorado ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Pasadena CA 91101 Phone 626-449 3870 Fax 626 449-5268 INSURED All City Management Inc 1749 S La Cienega Blvd Los Angeles CA 90035 INSURERS AFFORDING COVERAGE INSURERA N t3 n 1 Rni n Pi ` I.- one INSURER E INSURER C INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 16ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AF ORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ISSR ADD1, POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (h1MtDDIYYYY) DATF (MMIDDIYYYY} LIMITS GENERAL LIABILITY EACH OCCURRENCE S DAMAGE -TO RENTED x COMMERCIAL GENERAL LIABILITY PRENISESIEaccc e on $ CLAIMS MADE OCCUR I MED EXP (A y one be sort) S f I I GEN L AGGREGATE LIMIT APPLIES PER POLICY PROJECT LOC AUTOMOBILE LIABILITY ANY AUTO j Ai.l OWNED AUTOS SCHEDULEDAUTCS HIRED AUTOS NON -OWNED AUTOS I GARAGE LIARILTTY ANY AUTO EXCESS 1 UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S �WORRIERS COMPENSATION AND EMPLOYERS LIABILITY A Y PROPRIETORPARTNER`EXECUTI� YTCD 67 712 S 18 OFFICEFUMEMIDER EXCLUDED (MA datory I NH) SUPS de�arbeunder S LCIAL PROVISIONS baew OTHER f pERSCAIAL3AiDAINJURY S GENERAL AGGREGATE S PRODUCTS COMPIOPAGGIS COMBINED SINGLE LIMIT S IEa acc dent} j BODILY INJURY $ Pe Pe son) BCOILYtNJ JRY AttorneyPe accae t} S DAMAGE '�-JPsr $ atr.R en AUTOONLY EAACClOF14T $ OTHER THAN EA ACC S AUTO ONLY AGG S EACH OCCURRENCE $ _ II AGGREGATE $ _ - S S � S X ITORY LIMITS I ER __ 06/01/10 06/01/11 I EL EACHACCfDENT S 10DD000 EL DISEASE EAEMPLOYEE' S 1000000 EL DISEASE POLICY LIMIT a 1000000 SCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES ( EXCLUSIONS ADDED SY ENDORSEMENT 1 SPECIAL PROVISIONS *10 days notice of cancellation in the event of non-payment of premium CERTIFICATE HOLDER City of Huntington Beach Police Department Attn Sergeant Steve Bushhousen 2D00 Main Street Huntington Beach CA 92648 ACORD 25 (2009101) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 DAYS ITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SD SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATNES AUTHORIZED REPRESENTATIVE The ACORD name and logo are regtsfered mafks of ACORD reserved Jun 29 10 04 14p STATEFARM „ CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW This certifies that STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloorningon Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas Texas ❑ STATE FARM INDEMNITY COMPANY of Bloomington Illinois or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington Illinois has coverage in force for the following Named Insured as shown below NAMED INSURED Al_ C1 Ly Man�cer�,n, Inc ADDRESS OF NAMED INSURED 1749 S La C-enega Blvd Los Angc les, Ca 90035 POLICY NUMBER C65+p693-A10-75h EFFECTIVE DATE OF POLICY C3 r10/2010 DESCRIPTION OF VEHICLE (including %IN) EKOL LIABILITY COVERAGE ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO LIMITS OF LIABILITY a Bodily Injury Each Person Each Acvdient b Property Damage Each Acadent c Bodily Injury Y l� _ Prop" Damage Single Limit EachAccrdent 1-Ullxon PHYSICAL DAMAGE COVERAGES ❑ YES ❑ NO ❑ YES []NO ❑ YES ❑ NO ❑ YES ❑ NO a Comprehensive S Deductible $ Deductible $ 0eductsble $ Deductible ❑ YES ❑ NO ❑ YES LINO C YES ❑ NO ❑ YES ❑ NO b Collision $ Deductible $ Deductible $ Deouct,blIe $ Deductible EMPLOYERS N04-OWNED CAR LIABILITY COVERAGE ® YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO ❑ YES ❑ NO HIRED CAR LIABILITY COVERAGE ❑ YES ❑ NO [IYES ❑ NO [IYES ❑ NO [DYES ElNO FLEET COVERAGE FOR MO OWNED4 S AM D ] YES ❑ NO ❑ YES ❑ NO ❑ YES D NO ❑ YES ❑ NO Name and Address of Certificate Holder HLntingtoriiBeach FD Txaific Bureau Attr Rob ssden 20OG Mao St Hunting o-i 3adch CA 92649 ant 75-1289 06-29-_C t ltE7 {Name and Address of Agent WYl-ia_m 4ammonds IS 11040 Sa-ita Monica B-vd t=420 Los Angeles Ca 90025 INTERNAL STATE FARM USE ONLY ❑ Request permanent Cerbricate of Insurance for liability coverage 122429 3 Rev 07 2$-2X6 © Request Corti igte Holder to be added as an Additional Insured La State Farm Mutual Automobile Insurance Company 6400 State Farm Drive Rohnert Park CA 94926 NAMED INSURED 00002 000002 ALL CITY MANAGEMENT, INC 1749 S LA CIENEGA BLVD LOS ANGELES CA 90035-4601 73993 1 X MATCH 00002 MUTL VOL DECLARATIONS PAGE 75 1289 1 X A POLICY NUMBER 65 0693 A16 75G POLICY PERIOD JAN 16 2010 to JUL 16 2010 DO NOT PAY PREMIUMS SHOWN ON THIS PAGE SEPARATE STATEMENT ENCLOSED IF AMOUNT DUE F-1W H WILLIAM HAMMONDS 11 11040 SANTA MONICA BLVD SUITE 420 LOS ANGELES, CA 90025 7581 PHONE (310)473 3276 YEAR M RICE MODEL BOIDY STYLF, VEHICU ID N PIIBIEIR GLASS NONOWNED AUTO 66000000 alit BOLS COVERAG PREMIUMS e policy for coverage details NONOWNEO A Bodily Injury/Property Damage Liability Limd of Liability Coverage A 1.x0OQ.0OQ Each Accident ` Om f6r JAN 16 This is not A bill IP P013TANT MESSAGES Your policy consists of this declarations page, the policy booklet form 9805A, and any endorsements that apply, including those issued to you with any subsequent renewal notice Replaced policy number 0650693 75F EXCEPTION$ AND 9IMPORSEMEXTS S" I.t'l 04ual andorsesnant for d!talls ) STATE FARM st2ft Faaa Mutual Automol*lb Insurance Co m try State Farm AUtoMob0e in rants CO ny 6400 She Farm Drtvo Rohnert Park CA 04928 6400 State Farm Drive Rohnart Park CA INSURED ALL CITY MANAGEMENT INC MUTL INSURED ALL CITY MANAGEMENT INC MUTL VOL VOL POLICY NUMBER 065 0695 A16 75G EFFECTIVE POLICY NUMBER 065 0693 A16 75G EFFECTIVE YR MAKENONOWNED JAN 16 2010 TO JUL 16 2010 YR MAKE NONOWNED JAN 16 2010 TO JUL 16 2010 MODEL VIN MODEL VIN AGENT WILUAMHAMMONDSR AGENT WILLIAM HAMMONDS11 VCOOA��OEDBOn�1OJY91�6 VEAGPlYlY THE POLICY MEETS THE MINIMUM LIABILITY LIMITS GVEiAGD BY THE PLCM:ETiE tIfIN99tUM iJA6lUTY LJIr1iT9 PRESCRIBED BY LAW PRESCRIBED INV LAW r7014MOO14 COVERAGES A SEE THE REVERSE SIDE FOR AN EXPLANATION COVERAGES A SEE THE REVERSE SIDE FOR AN EXPLANATION 1KEEP A CA YOUR CARSLIShirr runs CARD OR A P001 OCOr, OF TtaS CARD itTTttYOUR N EHICLE RFGisTRArloa RENEWAL (Otlttsisa) August 16 2010 Sgt Steve Buschousen City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 Dear Sgt Buschousen Enclosed is the contract for School Crossing Guard Services for the 2010-2011 School Year After the necessary signatures have been affixed, please send us an original for our records If you have any questions please feel free to contact Baron Farwell, General Manger at (310) 202-8284 Sincerely, Claudia Carranza, Office Assistant Enclosure 1749 S La Cienega Blvd - Los AL1n[Ggeles CA 90035 - 310 202 8284 - 800 540 9290 o FAX 310 202 8325 I ATTACM H E N T #3 CITY �oF�Ury GT�2F OBEACH y v ~t Professional Approval Fo ��UNTY C� -- -- Date 6/9/2010 Project Manager Name Sgt Rob Warden Requested by Name if different from Project Manager Department Police PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS PART I MUST BE FILED WITH ALL APPROVED CONTRACTS 1) Briefly provide the purpose for the agreement Contractor (All City Management Services Inc ) shall provide crossing guard services for the City of Huntington Beach 2) Estimated cost of the services being sought $ 940 254 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is No the contract will require approval from the City Council) ❑ Yes ®No 5) Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted 10070210 69505 6) Check below how the services will be obtained ❑ A Bid solicitation process in accordance to the MC 3 03 060 procedures will be conducted ® MC 3 03 08(b) — Other Interagency Agreement procedure will be utilized ❑ MC 3 03 08 — Contract Limits of $30 000 or less exempt procedure will be utilized partment Head Signature APPROVED DENIED ❑ 111� City Administrator s Signature "� �✓ Director of Finances Initials a2-I Date �--( o- �o Date Date r*" Deputy City Administrators Initials /zz. U Date Request for Proposals (RFP) and Specifications Date Department Project Name Proposal Due Date For CROSSING GUARD SERVICES April 10, 2009 Public Works/Engineering Crossing Guard Services April 27, 2009 Proposals must be submitted to the City of Diamond Bar Public Works/Engineering Department 21825 E Copley Drive Diamond Bar, California 91765 Attn David G Liu, P E Director of Public Works/City Engineer PROPOSAL REQUIREMENTS Time 10 00 a m A General Invitation of Proposals The City of Diamond Bar is inviting qualified firms to submit proposals for Crossing Guard Services for a period of three (3) years commencing August 1 2009 with the option at the City s sole discretion to award two (2) additional years upon successful demonstration of exemplary contract performance The purpose of this Request for Proposals (RFP) is to have a qualified, professional and responsive firm to provide the Crossing Guard Services to the City of Diamond Bar The Public Works/Engineering Department will administer this Agreement Copies of the Request for Proposals may be obtained at the Public Works/Engineering Department 21825 E Copley Drive Diamond Bar California Questions regarding the Request for Proposal should be directed to Marcy Hilario Senior Administrative Assistant at (909) 839-7040 or David G Liu Director of Public Works/City Engineer at (909) 839-7041 Proposals will be received by the City of Diamond Bar hereinafter called the City, at the office of the Public Works/Engineering Department 21825 E Copley Drive Diamond Bar California 91765, until 10 00 a m , April 27, 2009 B Scope of Work The professional firm s services will be employed to provide high quality timely expertise where needed The scope of work includes but is not limited to the monitoring supervising and assuring the safety of school children pedestrians who utilize street intersections and crosswalks to and from school Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or her designee C Examination of Work Area Prior to submitting a proposal, proposers are responsible for familiarizing themselves with the applicable schools and locations in order to understand the site and determine the range of hours for crossing guard services Per location the City will compensate up to a maximum of three (3) hours per guard Should the hours for the crossing guard services exceed the maximum the firm must obtain prior approval from the City Submission of a proposal shall be deemed conclusive evidence that such a tour has been made by each proposer 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 a part of its specifications the City will provide upon request all available information, which it deems may be of assistance to perspective proposers It should be noted that street intersections that are to receive school crossing guard services will be determined at the sole discretion of the City of Diamond Bar D Basis of Award City Council is not obligated to award a contract and reserves the right to reject all proposals If City Council determines to award a contract, it is not obligated to make the award to the low proposer Other factors will be considered by the City Council, such as evidence of satisfactory performance under other contracts financial condition and such other evidence as might convince City Council that any one proposal would provide the most effective economic and reliable service to the City The award if given will be within ninety (90) calendar days after opening proposals X The City will evaluate the information submitted The evaluation will consider but not limited to the following criteria 1 Approach to the work including task breakdown and staffing 2 Experience and technical competence of your firm and key people on similar projects 3 Reports of references and the willingness to agree to all terms of the Professional Services Agreement 4 Fee The City of Diamond Bar reserves the right to accept or reject any or all proposals or to waive any defects or irregularities in the proposals or selection processes E Execution of Agreement The agreement shall be signed by the successful proposer and returned with the required insurance within ten (10) days, not including Sundays and legal holidays after the City has provided written notice that the contract has been awarded Failure to execute agreement and file acceptable insurance documents as provided herein shall be just cause at City option for annulment of the contract award Should the successful proposer decline to execute a contract City Council has the option to either reject all proposals and call for new proposals or accept one of the other proposals F Qualifications of Proposers All proposers shall furnish satisfactory evidence to the City that they have operated or are presently operating a crossing guard service of the type similar to the operation described herein If they have not operated such a system they must show that they have had sufficient experience in comparable fields or employ qualified personnel to comply with the requirements of this agreement 1 Work History/Experience In order to determine the eligibility of the proposers proposers shall submit a work history listing of other public entities for whom the proposer has performed similar work including names addresses fax and telephone numbers Existing services will be subject to inspection by the City Proposers without the experiences herein described but with sufficient experience in a comparable field should show that they will have responsible management personnel who are qualified to plan supervise direct and operate the service delineated in the specifications and contract 2 Key Personnel As an attachment to the proposal, all proposers shall 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 information for three recent services 91 3 Services Discuss the methods and procedures that will be used in providing the service and also as required in Other Specifications (below) 4 Equipment As an attachment to the proposal, all proposers shall provide a list of all equipment to be used by the crossing guards The City requires that the Contractor furnishes safety- refl ecto rized vests stop signs whistles rain gears and identification badges The City of Diamond Bar requires three cones per the crosswalk one in the middle and one at each curb 5 Employees Contractor agrees that all individuals employed in this program will be employees of Contractor and Contractor will provide recruitment hiring and firing of employees A Pre -employment Screening Program shall include • Employment Reference Check • No prior felony convictions • Criminal background check/fingerprinting service for school crossing guards to be performed • Social Security Verification • Only documented authorized Contractor employees are eligible to work or permitted on or in City facilities (Verification of INS 9 forms must be approved by City upon request) Contractor will ensure each individual is able to effectively comprehend and communicate in English be in good physical and mental health (a medical history questionnaire is completed) individual is to provide their own transportation and work flexible hours Employees are required to wear safety- reflecto rized vests (provided by Contractor) while on duty The Contractor shall investigate all public complaints concerning crossing guard services In the event of a complaint the Contractor shall contact the City of Diamond Bar Public Works/Engineering Department at (909) 839- 7040 within two (2) hours to advise status of remedy/resolution of said complaint Contractor shall furnish a written report of the incident to City of Diamond Bar Public Works/Engineering Department within five (5) business days after the occurrence 6 Payroll Contractor including the actual processing/distribution of payroll checks processing payroll reports, etc will handle all payroll services 7 Training Session The Contractor shall provide a minimum of three (3) one hour training sessions for all employees hired as crossing guards for the City of Diamond Bar in traffic measures to be used in conjunction with their crossing guard duties Contractor must provide all employees a Training rd Manual that governs the Crossing Guard Program and a copy to the City of Diamond Bar A signed Affidavit by each employee shall be forwarded to the City at the end of the training A copy of the training manual shall be included in the Proposal 8 Financial Responsibility All proposers shall be required to demonstrate to the satisfaction of the City that they have adequate financial resources to perform the services required by these specifications No contract will be awarded to any proposer who as determined by the City, has an unsatisfactory performance record or inadequate experience, or who at any time lacks the necessary financial resources to provide the services in strict accordance with the specifications G Other Specifications 1 Depending on each school s schedule, the firm is expected to assure and enforce safety and proper street crossing of school children 2 Contractor shall designate one (1) of the Guards as a Supervisor and provide names addresses and telephone numbers of at least one (1) Alternate during the term of the Agreement Contractor must provide names addresses and telephone numbers of all Guards 3 On a monthly basis the City of Diamond Bar requires supervisors to meet with school representatives for evaluation and comments and City staff to assess and discuss existing problems that may have occurred A monthly report to be approved by the City is to be submitted at the end of each month 4 Contractor shall schedule an orientation meeting with the City of Diamond Bar personnel to coordinate the requirements of the Agreement no later than one week prior to the commencement of the Contract Contractor shall contact Marcy Hilario Senior Administrative Assistant at (909) 839-7040 5 Contractor agrees to permit City of Diamond Bar to inspect its records with respect to services performed pursuant to the Agreement upon giving reasonable notice 6 The Contractor must perform drug -screening test and incorporate a written Corporate Policy on your organizations Drug and Alcohol Free Environment 7 Locations Per the locations below the City will compensate up to a maximum of three (3) hours per guard Should the hours for the crossing guard services exceed the firm must obtain prior approval from the City on Diamond Bar Crossing Guard Locations, Revised August 21, 2007 School Location Walnut Valley Unified School District 1 Castle Rock Elementary 2 Castle Rock Elementary 3 Evergreen Elementary 4 Evergreen Elementary 5 Maple Hill Elementary 6 Walnut Elementary Avenue 7 Walnut Elementary 8 Quail Summit Elementary 9 Quail Summit Elementary 10 Chaparral Middle School Pomona Unified School District Cold Springs Lane & at front of school Castle Rock Road & Cold Spring Lane Harmony Hill Drive & Evergreen Springs Pathfinder Road & Evergreen Springs Blenbury Drive & Maple Hill Road Golden Springs Drive & Lemon Glenwick Drive & Lycoming Drive Quail Summit Drive & Winterwood Lane Forrest Canyon near Park (mid -block) Diamond Bar Blvd & Mountain Laurel Way 11 Diamond Point Elementary Golden Springs Drive & Sunset Crossing 12 Diamond Point Elementary Sunset Crossing Road & Del Sol Lane 13 Golden Springs Elementary Ballena Drive & Meadows Falls Drive 14 Golden Springs Elementary El Encino Drive & Prospect Valley Drive 15 Neal Armstrong Elementary Beaverhead Drive & Cottonwood Cove Dr 16 Neal Armstrong Elementary Clearview Crest Drive & Chicora Drive 17 Lorbeer Middle School Diamond Bar Boulevard & Golden Springs 8 Added and Deleted Locations It is the intent of this contract to provide for school day coverage of the listed locations Locations initially included in the schedule that are vacated by the order of the City Council will be deleted from the list and the affected location deleted from the contract Other additions and/or deletions of locations will be at the same hourly rate and daily hours allowed per location and the City Manager or her designee will allow appropriate adjustments subject to approval H Claim for Payment The Contractor shall submit a claim for payment to the City Manager or her designee every fourth week commencing with the fifth week for work completed during the previous 4-week period The claim shall enumerate the crossing guard services with supporting documents indicating the crossing guard the location and hours worked any authorized additions and deletions (holidays) or additional work ordered by the City Manager or her designee The claim when submitted by the Contractor shall constitute certification under penalty of perjury that the work claimed for payment was completed in accordance with the terms of the contract L Term of Agreement This Contract shall take effect August 1 2009 and shall continue until July 31 2012 with the option at the City s sole discretion to award two (2) additional years upon successful demonstration of exemplary contract performance unless earlier terminated pursuant to the provisions herein However this contract will be subject to annual reviews prior to commencement of work for the following year This review will evaluate work performed and level of service provided Renewal is at the City s discretion J Termination of Contract Notwithstanding any other provision(s) of the Agreement the City may terminate this Agreement with or without cause upon thirty (30) days written notice to Contractor The effective date of termination shall be upon the date specified in the notice of termination or in the event no date is specified upon the fifteenth (15th) day following delivery of the notice In the event of such termination City agrees to pay Contractor for services satisfactorily completed and approved prior to the effective date of termination Immediately upon receiving written notice of termination Contractor shall discontinue performing services Contractor may terminate this Agreement or any program or service provided hereunder at least ninety (90) days in advance of such termination If the Contractor terminates this Agreement the Contractor shall be compensated for services satisfactorily completed and approved prior to the effective date of termination K Indemnification/Insurance See attached Agreement L Proposal Format and Content In addition to reading and understanding the requirements of Proposal Requirements A-K each proposal shall contain the following and be submitted using the same sequence To preserve uniformity and to facilitate the award of a contract all proposals must include the Proposal Form provided (Appendix A ) However supplementary sheets should be added as necessary to supplement and clarify responses to this Request for Proposal Failure to use City form shall be grounds for non -consideration of the proposal In addition all proposals must comply with the following 1 All submittals must meet the requirements set forth in the Request for Proposal 2 All proposals must be submitted in a sealed envelope addressed to the City at the above -referenced address Each sealed envelope containing an Original Proposal and three (3) copies must be plainly marked on the outside as "Crossing Guard Services" with Contractors name address and his/her license number if applicable If forwarded by mail the sealed envelope containing the Proposal must be enclosed in another envelope addressed to 7 the City of Diamond Bar c/o Public Works/Engineering Department 21825 E Copley Drive Diamond Bar California 91765 3 A statement that this RFP shall be incorporated in its entirety as a part of the Contractor s quote 4 A statement that this RFP with all of it s Appendix and the Contractor's proposal will jointly become the Scope of Work (Exhibit A and Exhibit B of the contract agreement) for this project 5 A written statement of your firm s willingness to accept the terms of the agreement 6 A statement that the services to be provided and fees therein will be in accordance with the City s RFP 7 A single and separate section with the heading Exceptions to the City s Request for Proposals containing a complete and detailed description of all of the exceptions to the provisions and conditions of this RFP upon which the Contractors proposal is contingent and which shall take precedent over this RFP 8 A written statement by the Contractor that all federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations In case of conflict between federal state or local laws or regulations the strictest shall be adhered to 9 A written statement by the Contractor shall allow all authorized federal state county and the City of Diamond Bar officials access to place of work books documents papers fiscal payroll materials and other relevant contract records pertinent to this project All relevant records shall be retained for at least five (5) years 10 A written statement that the Contractor will not discriminate against any employee or applicant for employment because of race color religion sex, or national origin 11 A written statement that the Contractor shall comply with the California Labor Code 12 A written statement that the Contractor shall comply with the Copeland Anti - kickback Act (18 USC 874 C) and the implementation regulation (29 CFR 3) issued pursuant thereto and any amendments thereof 13 A copy of the training manual shall be included in the Proposal 14 A Statement of Qualifications as explained in Proposal Requirements F and G incorporated into the completed Attachment A All figures and notations must be typed or written in ink Penciled proposals are not acceptable 0.1 Appendix "A" PROPOSAL FORM CROSSING GUARD SERVICES The undersigned as proposer declares that he has carefully examined the location of the proposed work that he has examined the Specifications and read the accompanying instructions to proposers and hereby proposes and agrees if the proposal is accepted to furnish all labor and equipment and do all work required by Specifications and Agreement Name of Company Address Phone/fax Contact Person Years in business The undersigned proposer further understands that the City of Diamond Bar California reserves the right to award all or any part of this bid without any obligation to the City The City also reserves the right to waive any informality in proposals Proper Name of Bidder Print Signature of Bidder Dated 1 Approach to the work including task breakdown and staffing 2 Experience and technical competence of your firm and key people on similar projects of equal complexity 3 References List of Four (4) including Agency contact person address and phone number 4 Resource Requirements and Fee Schedule/Hourly Rate Provide a man-hour and fee estimate for locations identified and hourly rates of all personnel assigned to the project These rates will be used to negotiate any additional work the City may request 0 Appendix "B" CROSSING GUARD SERVICES AGREEMENT THIS AGREEMENT is made as of Bar a municipal corporation ( City ) and _ RECITALS by and between the City of Diamond ( Contractor ) A City desires to utilize the services of Contractor as an independent contractor to provide Crossing Guard Services to City as set forth in Exhibit A — City s Request for Proposal dated including all its appendices B Contractor represents that it is fully qualified to perform such Crossing Guard Services by virtue of its experience licensing and the training education and expertise of its principals and employees NOW THEREFORE in consideration of performance by the parties of the covenants and conditions herein contained the parties hereto agree as follows Contractor s Services A Scope of Services The nature and scope of the specific services to be performed by Contractor are as described in Exhibit A — City s Request for Proposals and Exhibit B —Contractors Proposal B Level of Services/Time of Performance The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit B C Additional or Other Services Any propose changes in the work to be performed under this Agreement shall be made only by written amendment to this Agreement Contractor is not authorized to undertake any work which would result in costs expenses or fees in excess of the costs contained in Exhibit A without the express written approval of the City Manager Should the City require the Contractor to provide additional services beyond the Scope of Work described in Exhibit A for services not specifically described therein the rates and quantities shall be negotiated between the City and Contractor 2 Term of Agreement This Contract shall take effect August 1 2009 and shall continue until July 31 2012 with the option at the City s sole discretion to award an additional two (2) years upon successful demonstration of exemplary contract performance unless earlier terminated pursuant to the provisions herein However this contract will be subject to annual reviews prior to commencement of work for the following year This review will evaluate work performed and level of service provided Renewal is at the City s discretion 3 Compensation City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedules set forth in Exhibit A and Exhibit B Payment will be made only after submission of proper monthly invoices in the form specified by City 4 General Terms and Conditions In the event of any inconsistency between the provisions of this Agreement and Contractors proposal the provisions of this Agreement shall control 10 A Time is of the Essence — Contractor agrees to perform the services and deliver the work products provided for herein in strict accordance with any schedules set forth by the City B License Standard of Care — Contractor represents and agrees that all personnel engaged by the Contractor in performing the services are and shall be fully qualified and are authorized or permitted under Federal State and local law to perform such services Contractor represents and warrants to the City that it has all licenses permits qualifications and approvals required to provide the services and work required to be performed by this Agreement Contractor further represents and warrants that it shall keep in effect all such licenses permits and other approvals during the term of this Agreement Contractor shall perform the services under this Agreement in a skillful and competent manner and in the manner and according to the standards observed by a competent practitioner of the work in which Contractor is engaged 2 Services provided to the City pursuant to this Agreement shall be provided in a first class and workmanlike manner conforming to the standards of quality normally provided in the field C Subcontracting Subject to Approval — Contractor may not subcontract any portion of the work to other persons or contractors unless expressed written approval from the City is received D Administration — This Agreement will be administered by the City Manager or her designee The City Manager or her designee shall be considered the Project Administrator and shall have the authority to act for the City under this Agreement The City Manager or her designee shall represent the City in all matters pertaining to the services to be rendered pursuant to this Agreement E Progress — Contractor is responsible to keep the City Manager and/or her duly authorized designee informed on a regular basis regarding the status and progress of the work activities performed and planned and any meetings that have been scheduled or are desired F Contractors Records — Contractor shall keep records and invoices in connection with its work to be performed under this Agreement Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement All such records shall be clearly identifiable Contractor shall allow a representative of the City during normal business hours to examine audit and make transcripts or copies of such records Contractor shall allow inspection of all work data documents proceedings and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement 11 5 Addresses City Jim DeStefano City Manager Contractor City of Diamond Bar 21825 E Copley Drive Diamond Bar California 91765-4177 6 Status as Independent Contractor A Contractor is and shall at all times remain as to City a wholly independent contractor Contractor shall have no power to incur any debt obligation or liability on behalf of City or otherwise act on behalf of City as an agent Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractors employees except as set forth in this Agreement Contractor shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of City Except as specified in writing by the City Contractor shall have no authority expressed or implied to incur any obligation or liability against the City B Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement and to indemnify and hold City harmless from any and all taxes assessments penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor then Contractor agrees to reimburse City for all costs including accounting and attorneys fees arising out of such audit and any appeals relating thereto C Contractor shall fully comply with the workers compensation law regarding Contractor and Contractors employees Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers compensation laws City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractors failure to promptly pay to City any reimbursement or indemnification arising under this Section 6 7 Standard of Performance Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or her designee 8 Indemnification Contractor is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement and City is relying upon the skill and knowledge of Contractor to perform those services and duties To the fullest extent permitted by law Contractor hereby agrees at its sole cost and expense to defend protect indemnify and hold harmless the City of Diamond Bar and its elected officials officers attorneys agents employees volunteers successors and assigns (collectively Indemnitees ) from and against any and all damages costs expenses liabilities claims demands causes of action proceedings expenses judgments penalties liens and losses of any nature whatsoever including fees of accountants attorneys or other professionals and all costs associated therewith arising or claimed to arise directly or indirectly out of in connection with resulting from or related to any act failure to act error or omission of Contractor or any of its officers agents servants employees subcontractors matenalmen suppliers or their officers agents servants or employees arising or claimed to arise directly or indirectly out of in connection with resulting from or related to this Agreement or the performance or failure to 12 perform any term provision covenant or condition of the Agreement including this indemnity provision This indemnity provision is effective regardless of any prior concurrent or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law Payment is not required as a condition precedent to an Indemnitee s right to recover under this indemnity provision and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee s right to recover under this indemnity provision Contractor shall pay Indemnitees for any attorneys fees and costs incurred in enforcing this indemnification provision Notwithstanding the foregoing nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a) or (b) the contracting public agency s active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b) This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees Contractor on behalf of itself and all parties claiming under or through it hereby waives all rights of subrogation and contribution against the Indemnitees while acting within the scope of their duties from all claims losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior concurrent or subsequent active or passive negligence by the Indemnitees In the event there is more than one person or entity named in the Agreement as a Contractor then all obligations liabilities covenants and conditions under this Section 8 shall be joint and several 9 Insurance Contractor shall at all times during the term of this Agreement carry maintain and keep in full force and effect with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad form comprehensive general liability insurance with minimum limits of $3 000 000 combined single limit coverage against any injury death loss or damage as a result of wrongful or negligent acts by Contractor its officers employees agents and independent contractors in performance of services under this Agreement (2) property damage insurance with a minimum limit of $500 000 (3) automotive liability insurance with minimum combined single limits coverage of $500 000 and (4) workers compensation insurance with a minimum limit of $1 000 000 or the amount required by law whichever is greater City its officers employees attorneys and volunteers shall be named as additional insureds on the policy (ies) as to comprehensive general liability property damage and automotive liability The policy (ies) as to comprehensive general liability property damage automobile liability and professional liability shall provide that they are primary and that any insurance maintained by the City shall be excess insurance only A All insurance policies shall provide that the insurance coverage shall not be non -renewed canceled reduced or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day s prior written notice thereof Contractor agrees that it will not cancel reduce or otherwise modify the insurance coverage B Contractor agrees that if it does not keep the insurance in full force and effect and such insurance is available at a reasonable cost City may take out the necessary insurance and pay the premium thereon and the repayment thereof shall be deemed an 13 obligation of Contractor and the cost of such insurance may be deducted at the option of City from payments due Contractor C Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum workers compensation insurance requirements above and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above not less that one (1) day prior to beginning of performance under this Agreement Endorsements shall be executed on City s appropriate standard forms entitled Additional Insured Endorsement 10 Confidentiality Contractor in the course of its duties may have access to confidential data of City private individuals or employees of the City Contractor covenants that all data documents discussion or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without written authorization by City City shall grant such authorization if disclosure is required by law All City data shall be returned to City upon the termination of this Agreement Contractors covenant under this section shall survive the termination of this Agreement 11 Ownership of Materials All materials provided by Contractor in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City 12 Conflict of Interest A Contractor covenants that it presently has no interest and shall not acquire any interest director or indirect which may be affected by the services to be performed by Contractor under this Agreement or which would conflict in any manner with the performance of its services hereunder Contractor further covenants that in performance of this Agreement no person having any such interest shall be employed by it Furthermore Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement Further the Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the Act ) which (1) requires such persons to disclose financial interest that may forseeably be materially affected by the work performed under this Agreement and (2) prohibits such persons from making or participating in making decisions that will forseeably financially affected such interest If subject to the Act the Contractor shall conform to all requirements of the Act Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City B Contractor covenants not to give or receive any compensation monetary or otherwise to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement Contractors covenant under this section shall survive the termination of this Agreement 13 Termination City may terminate this Agreement with or without cause upon thirty (30) days written notice to Contractor The effective date of termination shall be upon the date specified in the notice of termination or in the event no date is specified upon the fifteenth (15th) day following delivery of the notice In the event of such termination City agrees to pay Contractor for services satisfactorily completed and approved prior to the effective date of termination Immediately upon receiving written notice of termination Contractor shall discontinue performing services 14 Contractor may terminate this Agreement or any program or service provided hereunder at least ninety (90) days in advance of such termination If this Agreement is terminated by the Contractor the Contractor shall be compensated for services satisfactorily completed and approved prior to the effective date of termination A Breach of Agreement — If the Contractor defaults in the performance of any of the terms or conditions of this Agreement it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance In the event that the Contractor fails to cure its default within such period of time the City shall have the right notwithstanding any other provision of this Agreement to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled by law in equity or under this Agreement The failure of the City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement B Mediation — Any dispute or controversy arising under this Agreement or in connection with any of the terms and conditions hereof shall be referred by the parties hereto for mediation A third party neutral mediation services shall be selected as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto In the event the parties are unable to mutually agree upon the mediator to be selected hereunder the City Council shall select such a neutral third party mediation service and the City Councils decision shall be final The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy and mutual good faith efforts to resolve the same thereby shall be conditions precedent to the institution of any action or proceeding whether at law or in equity with respect to any such dispute or controversy 14 Personnel Contractor represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement All of the services required under this Agreement will be performed by Contractor or under it supervision and all personnel engaged in the work shall be qualified to perform such services Contractor reserves the right to determine the assignment of its own employees to the performance of Contractors services under this Agreement but City reserves the right for good cause to require Contractor to exclude any employee from performing services on City premises 15 Financial Condition Prior to entering into this Agreement Contractor has submitted documentation acceptable to the City Manager establishing that it is financially solvent such that it can reasonably be expected to perform the services required by this Agreement Within thirty (30) days of the first anniversary of the effective date of this Agreement and each year thereafter throughout the term of this Agreement Contractor shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Contractor is in at least as sound a financial position as was the case prior to entering into this Agreement Financial information submitted to the City Manager shall be returned to Contractor after review and shall not be retained by City 16 Non Discrimination and Equal Employment Opportunity A Contractor shall not discriminate as to race color creed religion sex marital status national origin ancestry age physical or mental handicap medical condition or sexual orientation in the performance of its services and duties pursuant to this Agreement and will comply with all rules and regulations of City relating thereto Such nondiscrimination shall 15 include but not be limited to the following employment upgrading demotion transfers recruitment or recruitment advertising layoff or termination rates of pay or other forms of compensation and selection for training including apprenticeship B Contractor will in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race color creed religion sex marital status national origin ancestry age physical or mental handicap medical condition or sexual orientation C Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials 17 Assignment Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractors obligations hereunder without the prior written consent of City and any attempt by Contractor to so assign this Agreement or any rights duties or obligations arising hereunder shall be void and of no effect 18 Performance Evaluation This Contract shall take effect August 1 2009 and shall continue until July 31 2012 with the possibility of merit renewals unless earlier terminated pursuant to the provisions herein However this contract will be subject to annual reviews prior to commencement of work for the following year This review will evaluate work performed and level of service provided The work product required by this Agreement shall be utilized as the basis for review and any comments or complaints received by City during the review period either orally or in writing shall be considered City shall meet with Contractor prior to preparing the written report If any noncompliance with the Agreement is found City may direct Contractor to correct the inadequacies or in the alternative may terminate this Agreement as provided herein 19 Compliance with Laws Contractor shall comply with all applicable laws ordinances codes and regulations of the federal state and local governments Contractor shall keep itself informed of all State and Federal laws and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement The Contractor shall at all times observe and comply with all such laws and regulations The City and its officers and employees shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph A To the extent that any or all of the services described in Exhibit A are or may be funded by other governmental entities Contractor shall comply with all applicable rules and regulations to which the City is bound with the agencies providing the funding 20 Non Waiver of Terms, Rights and Remedies Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant or any default which may then exist on the part of Contractor and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default 21 Attorneys Fees In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this 16 Agreement the prevailing party in such action or proceeding shall be entitled to recover its costs of suit including reasonable attorneys fees and costs including costs of expert witnesses and contractors 22 Notices Any notices bills invoices or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours or (b) on the third business day following deposit in the United States mail postage prepaid certified to the addresses heretofore set forth in the Agreement or to such other addresses as the parties may from time to time designate in writing pursuant to the provisions of this section 23 Governing Law This Contract shall be interpreted construed and enforced in accordance with the laws of the State of California Los Angeles County shall be the venue for any legal proceedings including mediation arbitration or court actions that are initiated regarding this Agreement 24 Counterparts This Agreement may be executed in any number of counterparts each of which shall be deemed to be the original and all of which together shall constitute one and the same instrument 25 Entire Agreement This Agreement and any other documents incorporated herein by specific reference represent the entire and integrated agreement between Contractor and City This Agreement supersedes all prior oral or written negotiations representations or agreements This Agreement may not be amended nor any provision or breach hereof waived except in a writing signed by the parties which expressly refers to this Agreement Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk 26 Exhibits All exhibits referred to in this Agreement are incorporated herein by this reference 27 Severability If any provision in this Agreement is held by a court of competent jurisdiction to be invalid void or unenforceable the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way 17 IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above City ATTEST CITY OF DIAMOND BAR By By City Clerk Ron Everett Mayor Approved as to form "CONTRACTOR City Attorney By Its In CITY COUNCIL TO Honorable Mayor and Members of the City Council VIA James DeStefano City Manager TITLE APPROVAL OF A THREE-YEAR CROSSING CONTRACT WITH ALL CITY MANAGEMENT BEGINNING JULY 1, 2009 TO JUNE 30, 2012 RECOMMENDATION Approve FINANCIAL IMPACT Agenda # Meeting Date June 2, 2009 AGENDA REPORT GUARD SERVICES SERVICES, INC, For Fiscal Year 2009-2010 a budget amount of $130,000 has been proposed for crossing guard services At an hourly rate of $12 79 for the 2009-2010 school year with a three-hour maximum per site the City anticipates an expenditure of approximately $120 000 for crossing guard services covering seventeen (17) locations This estimate does not include summer school services BACKGROUND/DISCUSSION On April 10 2009 the City distributed a Request for Proposals (RFP) (Exhibit A of the attached contract) soliciting proposals from experienced firms to provide on -site crossing guard services for a period of three (3) years with the possibility of two (2) additional years On April 27 2009 the City received proposals from All City Management Services Inc and Preferred Response Security Services for consideration The City s contract with the previous crossing guard services provider International Service Inc was terminated on May 22 2009 In May the City received information that the contractor had filed for Chapter 11 bankruptcy As a result of the turmoil within the company the crossing guards were not reporting to their post as scheduled Subsequently City staff worked diligently to locate a company to provide emergency services until the end of June 2009 Staff received a proposal from All City Management Services Inc under the purchasing authority of the City Manager an agreement was executed to provide emergency services through the end of June 2009 Crossing guard services are provided to assure the safety of school -aged children pedestrians parents and others when crossing streets utilizing crosswalks in the vicinity of their respective schools The City requires all crossing guards to be properly trained and supervised in order to carry out their responsibilities It is expected that crossing guards will provide three hours of service per day for each intersection ® Crossing Guard Locations The following is a list of locations for schools within the Walnut Valley and Pomona Unified School Districts currently being served by Diamond Bar crossing guards Walnut Valley Unified School District 1 Castle Rock Elementary 2 Castle Rock Elementary 3 Evergreen Elementary 4 Evergreen Elementary 5 Maple Hill Elementary 6 Walnut Elementary 7 Walnut Elementary 8 Quail Summit Elementary 9 Quail Summit Elementary 10 Chaparral Middle School Way Pomona Unified School District 11 Diamond Point Elementary 12 Diamond Point Elementary 13 Golden Springs Elementary 14 Golden Springs Elementary 15 Neil Armstrong Elementary 16 Neil Armstrong Elementary 17 Lorbeer Middle School ® Evaluation of Proposals Cold Springs Lane & at front of school Castle Rock Road & Cold Springs Lane Harmony Hill Drive & Evergreen Springs Pathfinder Road & Evergreen Springs Blenbury Drive & Maple Hill Road (in front of school) Golden Springs Drive & Lemon Avenue Glenwick Drive & Lycoming Drive Quail Summit Drive & Winterwood Lane Forrest Canyon near Park (mid -block) Diamond Bar Blvd & Mountain Laurel Golden Springs & Sunset Crossing Road Sunset Crossing Road & Del Sol Lane Ballena Drive & Meadow Falls Drive El Encino Drive & Prospect Valley Drive Beaverhead Dr & Cottonwood Cove Dr Clearview Crest Drive & Chicora Drive Diamond Bar Blvd & Golden Springs Dr The proposals were carefully reviewed and analyzed by staff for completeness and understanding of the scope of work A point was given if the criteria of the RFP were met [j All Preferred City Response Management Security Services Services Completeness of the proposal as required by the RFP 1 0 Company's and key service team members' experience 1 0 Company s demonstrated understanding of the scope of work 1 1 Quality of past crossing guard -related experience 1 0 Resources 1 1 Billing rates 1 1 Ability to meet with City insurance requirements 1 1 Training 1 1 References 1 1 (Staff received favorable reviews from all references for All City Management Services Inc ) SELECTION AND RECOMMENDATION Among other criteria Preferred Response Security Services did not have previous crossing guard -related experience work Staff believes that crossing guard service experience is essential to carry out the responsibility of security needed by the children who attend our public schools Staff is recommending All City Management Services Inc for the contract award Their response to the RFP included all the requirements at an hourly rate of $12 79 Staff believes that All City Management Services Inc will give the City the schools the children and the parents continuity and reliable crossing guard services PREPARED BY Christian Malpica-Perez Associate Engineer REVIEWED BY David G Liu Director of Public Works/City Engineer Attachment Agreement Date Prepared May 28 2009 AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH �J AND ALL CITY MANAGEMENT SERVICES, INC FOR CROSSING GUARD SERVICES THIS AGREEMENT ("Agreement") is made and entered into 2010, by and between the CITY OF HUNTINGTON B corporation, hereinafter called the "City," and ALL CITY MANAGEMEN hereinafter referred to as "Contractor' WHEREAS, City desires to engage the services of a Contractor services WITNESSETH The parties hereto have mutually covenanted and agreed as follows 1 SCOPE OF SERVICES T 1 this day of EACH a municipal ,SERVICES, INC crossing guard Contractor shall provide all services as described in Exhibit `A," which is attached hereto and incorporated into this Agreement by this reference These services shall sometime hereinafter be referred to as the "Project " Contractor hereby designates Baron Farwell who shall represent it and be its sole contact and agent in all consultations with City during the performance of this Agreement 2 CITY STAFF ASSISTANCE The City's representative in dealing�.with the Contractor shall be designated by the City of Huntington Beach Police Department 3 The services of Contractor are to commence as soon as practicable after the execution of this Agreement by City (the "Commencement Date ) This Agreement shall expire three (3) years from the Commencement DatWunless sooner terminated as provided therein All tasks specified in this Agreement shall be completed no later than three (3) years from the Commencement Date of this Agreement This schedule may be amended to benefit the Project if mutually agreed to in writing by City and Contractor M In consideratidn of the performance of the services described therein, City agrees to pay Contractor on a time and materials basis at the rates specified in Exhibit `B,' which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Nine Hundred Forth Thousand Two Hundred Fifty Four Dollars ($940,254 00) 07 1090 001/48494 1 5 EXTRA WORK In the event City requires additional services not included in Exhibit "A" or changes in the/scope of services described in Exhibit "A," Contractor will undertake such work only after receiving written authorization from City Additional compensation for such extra work shall be allowed only if the prior written approval of City is obtained✓� 6 METHOD OF PAYMENT Contractor shall be paid pursuant to the terms of Exhibit "B 7 HOLD HARMLESS Contractor hereby agrees to protect, defend, indemnify and hold/harmless City its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands defense costs and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act or omission of the Contractor any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the sole negligence or willful misconduct of the City Contractor will conduct all defense at its sole cost and expense and City shall approve selection of Contractors counsel City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing this obligation This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor E Pursuant to California Lab j'Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq of this Code, which requires every employer to be insured against liability for workers compensation, Contractor covenants that it will comply with such provisions prior to commencing performance of the wodhereunder Contractor shall obtam and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits Contractor shalt require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees Contractor shall furnish to City a certificate of/waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation 9 INSURANCE In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City Contractor shall obtain and furnish to City, a policy of general public liability insurance including motor vehicle coverage covering the Project 07 1090 001/48494 2 policy of general public liability insurance including motor vehicle coverage covering the Project This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims ansmg out or in connection with/the Project, and shall provide coverage in not less than the following amount combined smglejlimit bodily injury and property damage, including products/completed operations liability andblanket contractual liability of One Million Dollars ($1,000,000) per occurrence If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this Project This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to/the Project shall be deemed excess coverage and that Contractor's insurance shall be primary Under no circumstances shall said above mentioned insurance contain a self -insured retention, or a "deductible" in excess of Five Thousand Dollars ($5 000) or any other similar form of limitation on the required coverage, without the prior written consent of City 10 CERTIFICATES OF INSURANCE. ADDITIONAL INS Prior to commencing performance of the work hereunder, Contractor shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement the certificates shall IF 1 provide the name and policy number of each carrier and policy, 2 state that the policy is currently in force, and 3 promise to provide that sucli policies will not be canceled or modified without thirty (30) days' prior written notice of City Contractor shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by City The requirement for carrying/"the foregoing insurance coverages shall not derogate from the Contractor's defense, hold ,Harmless and indemnification obligations as set forth under this Ir Agreement City or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance Contractor shall pay in a prompt and timely manner, the premiums on all insurance heremabove required Contractor shall provide a separate copy of the additional insured endorsement to each of Contractor's insurance policies, naming City, its officers, elected and appointed officials, employees, agent and volunteers as Additional Insureds to the City Attorney for approval prior to any payment hereunder 11 INDEPENDENT CONTRACTOR Contractor ns, and shall be, acting at all times in the performance of this Agreement as an independent Contractor herein and not as an employee of City Contractor shall secure at its own cost andiexpense, and be responsible for any and all payment of all taxes social security state disability insurance compensation unemployment compensation and other payroll deductions for 07 1090 001/48494 3 r, 12 TERMINATION OF AGREEMENT Either party shall have the right to cancel this Agreement by giving ninety (90) d s written notice to the other 13 ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by Contractor to any other person or entity without the prior express written consent of City If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subcontractors must satisfy the insurance requirements quirements as set forth in this Agreement - 14 CITY EMPLOYEES AND OFFICIALS r Contractor shall employ no City official nor any regular City employee in the work performed pursuant to this Agreement No officer or employee of City shall have any financial interest in this Agreement in violation of the applicable provisions of the/California Government Code 15 NOTICE Except as otherwise provided herein, all notices/required this Agreement shall be in writing and delivered personally or by first class mail postage prepaid, to each party at the address listed below Either party may change the notice address by notifying the other party in writing Notices may be sent by either facsimile or U S Mail Notices shall be deemed received upon receipt of same or within 3 days of deposit in the U S Mail, whichever is earlier Notices sent by facsimile shall be deemed received on the date of the facsimile transmission TO CITY 6 TO CONTRACTOR City of Huntington Beach Police Department All City Management Services, Inc Attn Sergeant Rob Warden Attn Baron Farwell 2000 Main Street 1749 S La Cienega Blvd Huntington Beach, CA 92648 Los Angeles, CA 90035 a b If 16 CONSENT d When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transactions or event 17 MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed/by both parties 19 IMMIGRATION f % r— 07 1090 001/48494 4 � -, Contractor shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification 20 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above/written Contractor ALL CITY MANAGEMENT SERVICES INC By anon 14ell President A By D et a Fa ell, Secretary 07 1090 001/48494 5 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California t f I Mayor h City Clerk APPROVED AS TO FORM ? -71 Z tl,?,., 'q -CityAttorney DV.0 (0 2ttlto yrytt t2 INITIATED AND APPROVED IC-Ao '8' -- Q � Police Chief ? o — f O REVIE D ND APPROVED �X/y Administrator EXHIBIT "A" A STATEMENT OF WORK (Narrative of work to be performed) CONTRACTOR shall provide crossing guard services for the City of Huntington Beach B CONTRACTOR'S DUTIES AND RESPONSIBILITIES ' 1 The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks Such personnel shall be herein referred to as a Crossing Guard The Contractor is an independent Contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City 2 If, at any time during the contract period, the City questions the meaning of any item of this Agreement the City may contact the Contractor for interpretation of that item 3 The City shall have the right to determine the hours and locations when and where Crossing Guards shall be furnished by the Contractor The Contractor shall notify the City in writing of any changes which may need to occur in hours of work or locations 4 The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times/ and in accordance with all items of this Agreement 5 The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location 6 The Contractor shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards In the performance of their duties the Contractor and employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of California and the City of Huntington Beach 7 Persons provided by the Contractor as Crossing Guards shall be trained in the laws and codes of the State of California and the City of Huntington Beach pertaining to general pedestrian safety and school'crossing areas 8 Crossing Guard Services shall be provided by the Contractor at the designated locations and at the designated hours on all days on which the designated schools in the City of Huntington Beach, are,,in session 9 The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties This apparel must be appropriate for weather conditions The Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary 10 The Contractor shall conduct background investigation of all applications being considered %for hire Contractor shall provide investigative results to the City of Huntington Beach Police Department prior to employment of crossing guard 11 Contractor will seek to retain the current crossing guards for employment under ACMS C CITY'S DUTIES AND RESPONSIBILITIES 1 The City of Huntington Beach will provide to the contractor the locations of existing legally designated crossing guard locations jmp/contracts group/exA/7/12/07 1 of 3 EXHIBIT "A" 2 The City of Huntington Beach will provide to the contractor the locations and names of schools and events requiring the presence of crossing guards 3 The City of Huntington Beach will provide to the contractor timely notification of the addition or deletion of designated crossing locations D WORK PROGRAM/PROJECT SCHEDULE Contractor shall follow the Work Program or Project Schedule shown in this exhibit Changes made to the Work Program or Project Schedule shall be made only if authorized in writing by a City representative CROSSING GUARD L0C4TIOINS Dist Location School f Remarks 1 FV Bushard/Woodlawn R1 Oka/Talbert / 2 FV Yorktown/Brigantine Oka 3 FV Yorktown/Honeywood Talbert 4 HB 12` /Main Dwyer/Smith 5 HB 14 /Crest 1 Dw er/Smith 6 HB 14 /Crest 2 Dwyer/Smith 7 HB 17t /Palm R1 Dvryer/Smith 8 HB 15` /Palm D er/Smith 9 HB Bammng/Bushard ,dEader 10 HB Banning/Malibu % Eader 11 HB Bushard/Castle ate Sowers 12 HB Garfield/Colchester Perry 13 HB Garfield/Saddleback / Seacliff 14 HB Indiana ohs/Alisa Sowers/Hawes 15 HB Indianapolis/Titan" Sowers 16 HB Indianapolis/Farnsworth Peterson 17 HB Indianapolis/Magnolia NE Sowers/Moffett 18 HB Indianapolis/Magnolia SW Sowers/Moffett 19 HB Newland/Norfolk RI Sowers/Moffett 20 OV Algon um/Pearce Harbour View 21 OV Edwards/Down Circle View 22 OV Edwards/El Corti o Mesa View Lights 23 OV HetlWonroe Westmont 24 OV Heil/Newland RI Westmont 25 OV Heil/Redlands College View 26 OV /Heil/Trudy Spring View Lights 27 OV j Saybrook/Branford R1 Harbour View 28 OV Stater/Branford RI Mesa View 29 OV / Slater/Geraldine RI Lake View 30 WM Edwards/Cornell Schroeder , d CIlO,S'SING GUARD LOCATION SCHEDULE � Dist Location Schedule I Schedule 2 Schedule 3 Mo'f Schl Mod Sch2 FV Bushard/Woodlawn R1 07 40 08 40 0230 03 30 07 40 08 4 12 40 01 4 FV Yorktown/Bri antme 0730 0830 02 00 03 10 0730 083 % 12 40 01 1 FV Yorktown/Honeywood 07 40 08 40 0240 03 25 0740 08 4/ 01 1001 1 HB 15t /Palm 0745 0845 0225 0320 0745 084 01 1002 1 HB 12"/Main 0745 0845 0225 0320 0745 084 01 1002 1 HB 14` /Crest 1 07 45 08 45 02 25 03 20 07 45,08 4 01 10 02 0 HB 14t /Crest 2 07 45 08 45 02 25 03 20 07 45 08 4 01 10 020 HB 17 /Palm 0745 0845 0225 0320 0745 084 01 10 02 0 HB Bannm Bushard 0805 08 50 0230 03 30 08 05-08 5 01 30 02 2 HB Banning/Malibu 08 05 08 50 0230 03 30 /08 05 08 5 01 30 022 HB Bushard/Castle ate 0745 0845 0235 03 15 0745 084 01 1001 4 HB Garfield/Colchester 0730 8 10 01 45 03 00/ 0730 08 1 1245 01 4 HB Garfield/Saddleback 0730 8 15 01 55 0250 0730 08 1 01 00 01 4 HB Ind /Alisa 0745 0845 02 20 03.20 0745 084 01 10 02 0 HB Indy/Titan 0745 0845 0235 03 15 0745 084 01 1001 4 HB Ind /Farmsworth 09 00 09 00 02 30 03 30 0800 090 01 30 02 2 HB Indy/Magnolia NE 07 40 08 40 02 1,15 03 15 07 40 08 4 01 0001 4 HB Indy/Magnolia SW 0740 0840 02' 15 03 15 0740 084 01 00 01 4 HB Newland/Norfolk 0730 0830 �02 00 03 15 0740 084 01 00-01 4 OV Algonquin/Pearce 0745 0845 / 02 10 03 40 0745 084 12 40 01 3 OV Edwards/Down 07 15 08 15 p' 01 40 03 10 07 15 08 1 12 1001 0 OV Edwards/El Cortijo 0700 08 00/ 02 00 02 45 08 15 09 15 07 00 08 0 12 00 12 4 OV Heil/Monroe 07 45 08,d5 02 1003 40 0745 0840 1240 1 3 OV Heil/Newland 0730 0830 02 10 03 40 0730 083 1240 01 3 OV Heil/Redlands 07 15,08 15 01 40 03 10 07 15 08 1 12 1001 0 OV Heil/Trudy 07 00 08 00 02 00 02 45 08 15 09 15 0700 080 1200 124 OV Saybrook/Branford 07'45 08 45 02 10 03 40 0745 084 1240 01 3 OV Slater/Cordoba 07 00 08 00 0200 0245 08 15 09 15 0700 080 1200 124 OV Slater/Geraldine f' 07 15 08 15 01 40 03 10 07 15 08 1 12 10 01 0 WM Edwards/Cornell 10720 0820 02 10 03 15 0720 082 01 20 02 0 Z*** MOD SCH AM SCH3 Z * * * ALTERNATE SCHEDULE 11 / 15/06 a� i 1/24 2/7 5/30 8 15-09 15 02 00 02 4 EXHIBIT "B" Payment Schedule r 1 1 Charges for time during travel are normally not reimbursable'and will only be paid if such time is actually used in performing services for CITY or asotherwise arranged with CITY 2 CONSULTANTS fees for such services shall be based upon the following hourly rate and cost schedule School Year Service Number of Guards Number of Hours of Service Per Day Number of Days Per Year for School Year Services Subtotal of Number of Hours for School Year Services Hourly Rate Subtotal Cost for School Year Summer School Program Number of Guards Number of Hours of Service Per Day Number of Days per Year for School Year Services Subtotal of Number of Hours for School Year Services Hourly Rate Subtotal Cost for School Year Total Cost Per Fiscal Year Year 1 Year 2 Year 3 Fees based on Feesdbased on Fees based on $14 09 per hour $1409 per hour $14 09 per hour 30 30 30 4 4 4 180 180 180 �21 600 21 600 21 600 $14 09 $14 09 $14 09 r $304 344 $304 344 $304 344 0 7 7 7 4 4 4 23 23 23 644 644 644 $14 09 $14 09 $14 09 $9 074 $9 074 $9 074 $313 418 $313 418 $313 418 Total Contract Limit for the Three -Year Term $940,254 Exhibit B Alternative #1 1) The hourly rates for three years shall remain the same Total contract limit for the three-year term shall not exceed $940,254 2) Delivery of work product A copy of every memorandum, letter, report , calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks In the event CITY rejects or has comments on any such product or service, CITY shall identify specific requirements for satisfactory completion ` 3) CONSULTANT shall submit to CITY an invoice for each monthly payment due Such invoice shall i A) Reference this Agreement B) Describe the services performed, C) Show the total amount of the payment due, D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement and // E) For all payments include an estimate of the percentage of work completed Upon submission of any such invoice, if/CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of/the invoice by CITY Such approval shall not be unreasonably withheld If CITY does not approve an invoice CITY shall notify CONSULTANT in writing of`the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past/performance by CONSULTANT is in, or has been brought into compliance or until this Agreement has expired or is terminated as provided herein 4 Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is/accurate Such approval shall not be unreasonably withheld Any dispute b to ween the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Exhibit B Alternative # 1 r j r City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L FLYNN CITY CLERK August 20 2010 All City Management Services Inc ATTN Baron Farwell 1749 S La Cienega Blvd Los Angeles CA 90035 Dear Mr Farwell Enclosed for your records is a fully executed copy of the Agreement between the City of Huntington Beach and All City Management Services Inc for Crossing Guard Services Sincerely oan L Flynn CIVIC City Clerk JF pe Enclosure G followup agrmtltr Sister Cities Anjo Japan o Waitakere New Zealand (Telephone 774536 5227)