HomeMy WebLinkAbout2020-12-07 City Council Agendas (15)
City of Palo Alto (ID # 11487)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 11/30/2020
City of Palo Alto Page 1
Summary Title: Contract Approval for Downtown Cleaning Services
Title: Approval of a Three-Year Contract with Downtown Streets, Inc., For a
Total Amount Not to Exceed $323,244 for Maintenance Services for the City's
Five Downtown Parking Garages, Downtown Sidewalks and Alleys, and
Provide Outreach Case Management Services to the Downtown Core with
the Intent of Linking Homeless Individuals to Community and Housing
Services
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council approve and authorize the City Manager or his designee to
execute Contract No. C21179861 with Downtown Streets Team, Inc., to provide cleaning
services and homeless case management services in the Downtown Business District, for a term
of three years and a total amount not to exceed $323,244.
Background
The Public Works Department’s Public Services Division is responsible for maintaining a safe
and clean Downtown Business District. The Downtown Streets Team, Inc. (DST), was founded by
the Palo Alto Business Improvement District (BID) to reduce panhandling, provide re-entry skills
to the homeless, and provide cleaning services to downtown. DST team members service the
Downtown Business District by reducing trash from full garbage containers, providing litter
removal for sidewalks, alleyways, and garages, reporting vehicles and/or activities of concern to
the proper authorities, and providing peer-to-peer outreach.
Discussion
Staff recommends Council approve a three-year contract with Downtown Streets Team, Inc., to
allow for the continuation of downtown cleaning services from November 30, 2020 through
November 29, 2023 (Attachment A). The City has partnered with DST since 2006 and as a result,
homelessness-related issues have decreased due to the presence of DST participants in the
garages. In 2010 discussions with downtown stakeholders, which included BID and Palo Alto
Downtown Professional and Business Association, a combination of services that would raise
City of Palo Alto Page 2
the standards of cleanliness in the area was requested. The enhanced services included
reducing trash from overflowing garbage receptacles, reporting graffiti and vandalism, litter
removal in the alleyways and in the five parking structures (S & L, R, J, Q and Civic Center), and
providing a roving patrol every 30 minutes for homeless individuals, vehicles and/or activities of
concern, and safety hazards. The litter control provided by DST also assists the City in avoiding
storm water compliance related issues in the Downtown area.
In addition to providing cleaning services, DST strives to reduce homelessness by encouraging
participants to take an active role in their recovery, model positive behavior, and create long-
term solutions for their peers. Participants can work with a case manager to obtain housing
and other life support credits. Each participant is evaluated on his/her individual performance
and recognized for their accomplishments. The skills learned through this program can be used
to seek further employment.
The City has contracted with DST since 2006 and since DST continues to be the only vendor that
uses a peer-to-peer model to provide outreach to homeless individuals while also providing
cleaning services, this contract met the requirements for a sole source exemption from
solicitation based on Municipal Code section 2.30.360(d). Staff recognizes, however, that the
use of a sole source exemption can raise other questions regarding organizational stability and
internal controls. As such, staff will refer this relationship to the City’s new independent
auditor for consideration of an appropriately-scoped audit.
This contract is on the City’s general services template, which permits the City to terminate
without cause/for convenience by providing written notice to the contractor. In the event the
City finds itself facing a challenging budget situation, and it is determined that City resources
need to be refocused elsewhere, the City can terminate for convenience. Other options include
termination due to non-appropriation of funds or amending the contract to reduce the cost, for
example, by reducing the scope of work.
Resource Impact
The annual cost of this contract has decreased from $136,872 to $107,748 from the previous
contract with Downtown Streets Team, Inc., after Community Services Department removed
services provided for Lytton Plaza, Old Community Garden, Stanford/Palo Alto Playing Fields,
and Cogswell Plaza, which are now provided by another vendor (with a traditional business
model). Funding for this contract is available in the Fiscal Year 2021 University Avenue Parking
District Fund. The annual budget for the subsequent contract years is shown in the table
below, with funding for each subsequent year to be addressed and recommended to Council
during the Fiscal Year 2022 and 2023 budget development processes.
City of Palo Alto Page 3
Table1: Annual and Total Not-to-Exceed Contract Costs
Year Total Not to Exceed Amount
University Avenue Parking Permit Fund - FY21
$107,748
University Avenue Parking Permit Fund - FY22
(Subject to annual appropriation of funds) $107,748
University Avenue Parking Permit Fund - FY23
(Subject to annual appropriation of funds) $107,748
Total for three years $323,244
Stakeholder Engagement
Staff discusses the Downtown Streets Team’s work during monthly Palo Alto Downtown
Professional and Business Association meetings. The group supports a continued partnership
between the City and Downtown Streets Team.
Environmental Review
The recommended action is CEQA-exempt under the California Environmental Quality Act
pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that
there is no possibility of a significant effect on the environment.
Attachments:
• Attachment A - General Services Contract No. C21179861 with Downtown Streets Team
City of Palo Alto General Services Agreement 1 Rev. March 29, 2018
CITY OF PALO ALTO CONTRACT NO. C21179861
GENERAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into on the 30th day of November, 2020 by and
between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”),
and DOWNTOWN STREETS TEAM, INC., a California public benefit non-profit corporation,
located at 1671 The Alameda, Suite 306, San Jose, CA 95126, Telephone Number: (650)
305-1174 (“CONTRACTOR”). In consideration of their mutual covenants, the parties
hereto agree as follows:
1.SERVICES. CONTRACTOR shall provide or furnish the services (the “Services”)
described in the Scope of Services, attached at Exhibit A.
2.EXHIBITS. The following exhibits are attached to and made a part of this
Agreement:
“A” - Scope of Services
“B” - Schedule of Performance
“C” – Schedule of Fees
“D” - Insurance Requirements
CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.
3.TERM.
The term of this Agreement is from November 30, 2020 to November 29, 2023
inclusive, subject to the provisions of Sections R and W of the General Terms and
Conditions.
4.SCHEDULE OF PERFORMANCE. CONTRACTOR shall complete the Services within
the term of this Agreement in a reasonably prompt and timely manner based upon
the circumstances and direction communicated to CONTRACTOR, and if
applicable, in accordance with the schedule set forth in the Schedule of
Performance, attached at Exhibit B. Time is of the essence in this Agreement.
5.COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONTRACTOR agrees
to accept as not-to-exceed compensation for the full performance of the Services
and reimbursable expenses, if any:
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City of Palo Alto General Services Agreement 2 Rev. March 29, 2018
The total maximum lump sum compensation of dollars ($ );
OR
The sum of dollars ($ ) per hour, not to exceed a total
maximum compensation amount of dollars ($ ); OR
A sum calculated in accordance with the fee schedule set forth at Exhibit
C, not to exceed a total maximum compensation amount of Three Hundred
Twenty-Three Thousand, Two Hundred and Forty-Four dollars
($323,244.00).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed
the total maximum compensation set forth above. Any hours worked or services
performed by CONTRACTOR for which payment would result in a total exceeding
the maximum amount of compensation set forth above for performance of the
Services shall be at no cost to CITY.
CITY has set aside the sum of dollars ($ ) for Additional
Services. CONTRACTOR shall provide Additional Services only by
advanced, written authorization from the City Manager or designee.
CONTRACTOR, at the CITY’s request, shall submit a detailed written
proposal including a description of the scope of services, schedule, level of
effort, and CONTRACTOR’s proposed maximum compensation, including
reimbursable expense, for such services. Compensation shall be based on
the hourly rates set forth above or in Exhibit C (whichever is applicable), or
if such rates are not applicable, a negotiated lump sum. CITY shall not
authorize and CONTRACTOR shall not perform any Additional Services for
which payment would exceed the amount set forth above for Additional
Services. Payment for Additional Services is subject to all requirements and
restrictions in this Agreement.
6.COMPENSATION DURING ADDITIONAL TERMS.
CONTRACTOR’S compensation rates for each additional term shall be the
same as the original term; OR
CONTRACTOR’s compensation rates shall be adjusted effective on the
commencement of each Additional Term. The lump sum compensation
amount, hourly rates, or fees, whichever is applicable as set forth in section
5 above, shall be adjusted by a percentage equal to the change in the
Consumer Price Index for Urban Wage Earners and Clerical Workers for the
San Francisco-Oakland- San Jose area, published by the United States
Department of Labor Statistics (CPI) which is published most immediately
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City of Palo Alto General Services Agreement 3 Rev. March 29, 2018
preceding the commencement of the applicable Additional Term, which
shall be compared with the CPI published most immediately preceding the
commencement date of the then expiring term. Notwithstanding the
foregoing, in no event shall CONTRACTOR’s compensation rates be
increased by an amount exceeding five percent of the rates effective
during the immediately preceding term. Any adjustment to
CONTRACTOR’s compensation rates shall be reflected in a written
amendment to this Agreement.
7.CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS”. For purposes of
this Section 7, a “9204 Public Works Project” means the erection, construction,
alteration, repair, or improvement of any public structure, building, road, or
other public improvement of any kind. Public Contract Code Section 9204
mandates certain claims procedures for Public Works Projects, which are set
forth in “Appendix __ Claims for Public Contract Code Section 9204 Public Works
Projects”.
This project is a 9204 Public Works Project and is required to comply with
the claims procedures set forth in Appendix __, attached hereto and
incorporated herein.
OR
This project is not a 9204 Public Works Project.
8.INVOICING. Contractor shall send all invoices to CITY, Attention: Project Manager.
The Project Manager is: Kaela White, Dept.: Public Works, Telephone: (650) 496-
5945. Invoices shall be submitted in arrears for Services performed. Invoices shall
not be submitted more frequently than monthly. Invoices shall provide a detailed
statement of Services performed during the invoice period and are subject to
verification by CITY. CITY shall pay the undisputed amount of invoices within 30
days of receipt.
GENERAL TERMS AND CONDITIONS
A. ACCEPTANCE. CONTRACTOR accepts and agrees to all terms and conditions of
this Agreement. This Agreement includes and is limited to the terms and
conditions set forth in sections 1 through 8 above, these general terms and
conditions and the attached exhibits.
B. QUALIFICATIONS. CONTRACTOR represents and warrants that it has the expertise
and qualifications to complete the services described in Section 1 of this
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City of Palo Alto General Services Agreement 4 Rev. March 29, 2018
Agreement, entitled “SERVICES,” and that every individual charged with the
performance of the services under this Agreement has sufficient skill and
experience and is duly licensed or certified, to the extent such licensing or
certification is required by law, to perform the Services. CITY expressly relies on
CONTRACTOR’s representations regarding its skills, knowledge, and certifications.
CONTRACTOR shall perform all work in accordance with generally accepted
business practices and performance standards of the industry, including all
federal, state, and local operation and safety regulations.
C. INDEPENDENT CONTRACTOR. It is understood and agreed that in the
performance of this Agreement, CONTRACTOR and any person employed by
CONTRACTOR shall at all times be considered an independent CONTRACTOR and
not an agent or employee of CITY. CONTRACTOR shall be responsible for
employing or engaging all persons necessary to complete the work required under
this Agreement.
D. SUBCONTRACTORS. CONTRACTOR may not use subcontractors to perform any
Services under this Agreement unless CONTRACTOR obtains prior written consent
of CITY. CONTRACTOR shall be solely responsible for directing the work of
approved subcontractors and for any compensation due to subcontractors.
E. TAXES AND CHARGES. CONTRACTOR shall be responsible for payment of all taxes,
fees, contributions or charges applicable to the conduct of CONTRACTOR’s
business.
F. COMPLIANCE WITH LAWS. CONTRACTOR shall in the performance of the Services
comply with all applicable federal, state and local laws, ordinances, regulations,
and orders.
G. PALO ALTO MINIMUM WAGE ORDINANCE. CONTRACTOR shall comply with all
requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum
Wage), as it may be amended from time to time. In particular, for any employee
otherwise entitled to the State minimum wage, who performs at least two (2)
hours of work in a calendar week within the geographic boundaries of the City,
CONTRACTOR shall pay such employees no less than the minimum wage set
forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within
the geographic boundaries of the City of Palo Alto. In addition, CONTRACTOR
shall post notices regarding the Palo Alto Minimum Wage Ordinance in
accordance with Palo Alto Municipal Code section 4.62.060.
H. DAMAGE TO PUBLIC OR PRIVATE PROPERTY. CONTRACTOR shall, at its sole
expense, repair in kind, or as the City Manager or designee shall direct, any
damage to public or private property that occurs in connection with
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City of Palo Alto General Services Agreement 5 Rev. March 29, 2018
CONTRACTOR’s performance of the Services. CITY may decline to approve and
may withhold payment in whole or in part to such extent as may be necessary to
protect CITY from loss because of defective work not remedied or other damage
to the CITY occurring in connection with CONTRACTOR’s performance of the
Services. CITY shall submit written documentation in support of such withholding
upon CONTRACTOR’s request. When the grounds described above are removed,
payment shall be made for amounts withheld because of them.
I. WARRANTIES. CONTRACTOR expressly warrants that all services provided under
this Agreement shall be performed in a professional and workmanlike manner in
accordance with generally accepted business practices and performance
standards of the industry and the requirements of this Agreement. CONTRACTOR
expressly warrants that all materials, goods and equipment provided by
CONTRACTOR under this Agreement shall be fit for the particular purpose
intended, shall be free from defects, and shall conform to the requirements of this
Agreement. CONTRACTOR agrees to promptly replace or correct any material or
service not in compliance with these warranties, including incomplete, inaccurate,
or defective material or service, at no further cost to CITY. The warranties set
forth in this section shall be in effect for a period of one year from completion of
the Services and shall survive the completion of the Services or termination of this
Agreement.
J. MONITORING OF SERVICES. CITY may monitor the Services performed under this
Agreement to determine whether CONTRACTOR’s work is completed in a
satisfactory manner and complies with the provisions of this Agreement.
K. CITY’S PROPERTY. Any reports, information, data or other material (including
copyright interests) developed, collected, assembled, prepared, or caused to be
prepared under this Agreement will become the property of CITY without
restriction or limitation upon their use and will not be made available to any
individual or organization by CONTRACTOR or its subcontractors, if any, without
the prior written approval of the City Manager.
L. AUDITS. CONTRACTOR agrees to permit CITY and its authorized representatives
to audit, at any reasonable time during the term of this Agreement and for three
(3) years from the date of final payment, CONTRACTOR’s records pertaining to
matters covered by this Agreement. CONTRACTOR agrees to maintain accurate
books and records in accordance with generally accepted accounting principles for
at least three (3) following the terms of this Agreement.
M. NO IMPLIED WAIVER. No payment, partial payment, acceptance, or partial
acceptance by CITY shall operate as a waiver on the part of CITY of any of its rights
under this Agreement.
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City of Palo Alto General Services Agreement 6 Rev. March 29, 2018
N. INSURANCE. CONTRACTOR, at its sole cost, shall purchase and maintain in full
force during the term of this Agreement, the insurance coverage described at
Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A-
:VII or higher and which are otherwise acceptable to CITY’s Risk Manager. The Risk
Manager must approve deductibles and self-insured retentions. In addition, all
policies, endorsements, certificates and/or binders are subject to approval by the
Risk Manager as to form and content. CONTRACTOR shall obtain a policy
endorsement naming the City of Palo Alto as an additional insured under any
general liability or automobile policy. CONTRACTOR shall obtain an endorsement
stating that the insurance is primary coverage and will not be canceled or
materially reduced in coverage or limits until after providing 30 days prior written
notice of the cancellation or modification to the Risk Manager. CONTRACTOR shall
provide certificates of such policies or other evidence of coverage satisfactory to
the Risk Manager, together with the required endorsements and evidence of
payment of premiums, to CITY concurrently with the execution of this Agreement
and shall throughout the term of this Agreement provide current certificates
evidencing the required insurance coverages and endorsements to the Risk
Manager. CONTRACTOR shall include all subcontractors as insured under its
policies or shall obtain and provide to CITY separate certificates and endorsements
for each subcontractor that meet all the requirements of this section. The
procuring of such required policies of insurance shall not operate to limit
CONTRACTOR’s liability or obligation to indemnify CITY under this Agreement.
O. HOLD HARMLESS. To the fullest extent permitted by law and without limitation
by the provisions of section N relating to insurance, CONTRACTOR shall indemnify,
defend and hold harmless CITY, its Council members, officers, employees and
agents from and against any and all demands, claims, injuries, losses, or liabilities
of any nature, including death or injury to any person, property damage or any
other loss and including without limitation all damages, penalties, fines and
judgments, associated investigation and administrative expenses and defense
costs, including, but not limited to reasonable attorney’s fees, courts costs and
costs of alternative dispute resolution), arising out of, or resulting in any way from
or in connection with the performance of this Agreement. CONTRACTOR’s
obligations under this Section apply regardless of whether or not a liability is
caused or contributed to by any negligent (passive or active) act or omission of
CITY, except that CONTRACTOR shall not be obligated to indemnify for liability
arising from the sole negligence or willful misconduct of CITY. The acceptance of
the Services by CITY shall not operate as a waiver of the right of indemnification.
The provisions of this Section survive the completion of the Services or
termination of this Agreement.
DocuSign Envelope ID: 4322568C-D7E8-4F5B-9E4B-8A118D81A2F8
City of Palo Alto General Services Agreement 7 Rev. March 29, 2018
P. NON-DISCRIMINATION. As set forth in Palo Alto Municipal Code section 2.30.510,
CONTRACTOR certifies that in the performance of this Agreement, it shall not
discriminate in the employment of any person because of the race, skin color,
gender, age, religion, disability, national origin, ancestry, sexual orientation,
housing status, marital status, familial status, weight or height of such person.
CONTRACTOR acknowledges that it has read and understands the provisions of
Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination
Requirements and the penalties for violation thereof, and agrees to meet all
requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
Q. WORKERS' COMPENSATION. CONTRACTOR, by executing this Agreement,
certifies that it is aware of the provisions of the Labor Code of the State of Califor-
nia which require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of
that Code, and certifies that it will comply with such provisions, as applicable,
before commencing and during the performance of the Services.
R. TERMINATION. The City Manager may terminate this Agreement without cause
by giving ten (10) days’ prior written notice thereof to CONTRACTOR. If
CONTRACTOR fails to perform any of its material obligations under this
Agreement, in addition to all other remedies provided by law, the City Manager
may terminate this Agreement immediately upon written notice of termination.
Upon receipt of such notice of termination, CONTRACTOR shall immediately
discontinue performance. CITY shall pay CONTRACTOR for services satisfactorily
performed up to the effective date of termination. If the termination is for cause,
CITY may deduct from such payment the amount of actual damage, if any,
sustained by CITY due to CONTRACTOR’s failure to perform its material obligations
under this Agreement. Upon termination, CONTRACTOR shall immediately deliver
to the City Manager any and all copies of studies, sketches, drawings,
computations, and other material or products, whether or not completed,
prepared by CONTRACTOR or given to CONTRACTOR, in connection with this
Agreement. Such materials shall become the property of CITY.
S. ASSIGNMENTS/CHANGES. This Agreement binds the parties and their successors
and assigns to all covenants of this Agreement. This Agreement shall not be
assigned or transferred without the prior written consent of CITY. No
amendments, changes or variations of any kind are authorized without the written
consent of CITY.
T. CONFLICT OF INTEREST. In accepting this Agreement, CONTRACTOR covenants
that it presently has no interest, and will not acquire any interest, direct or
indirect, financial or otherwise, which would conflict in any manner or degree with
the performance of this Agreement. CONTRACTOR further covenants that, in the
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City of Palo Alto General Services Agreement 8 Rev. March 29, 2018
performance of this Agreement, it will not employ any person having such an
interest. CONTRACTOR certifies that no CITY officer, employee, or authorized
representative has any financial interest in the business of CONTRACTOR and that
no person associated with CONTRACTOR has any interest, direct or indirect, which
could conflict with the faithful performance of this Agreement. CONTRACTOR
agrees to advise CITY if any conflict arises.
U. GOVERNING LAW. This Agreement shall be governed and interpreted by the laws
of the State of California.
V. ENTIRE AGREEMENT. This Agreement, including all exhibits, represents the entire
agreement between the parties with respect to the services that may be the
subject of this Agreement. Any variance in the exhibits does not affect the validity
of the Agreement and the Agreement itself controls over any conflicting provisions
in the exhibits. This Agreement supersedes all prior agreements, representations,
statements, negotiations and undertakings whether oral or written.
W. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of the
Charter of the City of Palo Alto and the Palo Alto Municipal Code. This Agreement
will terminate without any penalty (a) at the end of any fiscal year in the event
that funds are not appropriated for the following fiscal year, or (b) at any time
within a fiscal year in the event that funds are only appropriated for a portion of
the fiscal year and funds for this Agreement are no longer available. This Section
shall take precedence in the event of a conflict with any other covenant, term,
condition, or provision of this Agreement.
X. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE
REQUIREMENTS. CONTRACTOR shall comply with CITY’s Environmentally
Preferred Purchasing policies which are available at CITY’s Purchasing Division,
which are incorporated by reference and may be amended from time to time.
CONTRACTOR shall comply with waste reduction, reuse, recycling and disposal
requirements of CITY’s Zero Waste Program. Zero Waste best practices include
first minimizing and reducing waste; second, reusing waste and third, recycling or
composting waste. In particular, CONTRACTOR shall comply with the following
zero waste requirements:
•All printed materials provided by CONTRACTOR to CITY generated from a
personal computer and printer including but not limited to, proposals,
quotes, invoices, reports, and public education materials, shall be double-
sided and printed on a minimum of 30% or greater post-consumer content
paper, unless otherwise approved by CITY’s Project Manager. Any
submitted materials printed by a professional printing company shall be a
minimum of 30% or greater post-consumer material and printed with
vegetable based inks.
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City of Palo Alto General Services Agreement 9 Rev. March 29, 2018
•Goods purchased by Contractor on behalf of CITY shall be purchased in
accordance with CITY’s Environmental Purchasing Policy including, but not
limited to, Extended Producer Responsibility requirements for products
and packaging. A copy of this policy is on file at the Purchasing Division’s
office.
•Reusable/returnable pallets shall be taken back by CONTRACTOR, at no
additional cost to CITY, for reuse or recycling. CONTRACTOR shall provide
documentation from the facility accepting the pallets to verify that pallets
are not being disposed.
Y. AUTHORITY. The individual(s) executing this Agreement on behalf of the parties
represent and warrant that they have the legal capacity and authority to do so on
behalf of their respective legal entities.
Z. PREVAILING WAGES
This Project is not subject to prevailing wages. CONTRACTOR is not required to
pay prevailing wages in the performance and implementation of the Project in
accordance with SB 7, if the Agreement is not a public works contract, if
Agreement does not include a public works construction project of more than
$25,000, or the Agreement does not include a public works alteration, demolition,
repair, or maintenance (collectively, ‘improvement’) project of more than
$15,000.
OR
Contractor is required to pay general prevailing wages as defined in Subchapter
3, Title 8 of the California Code of Regulations and Section 16000 et seq. and
Section 1773.1 of the California Labor Code. Pursuant to the provisions of Section
1773 of the Labor Code of the State of California, the City Council has obtained
the general prevailing rate of per diem wages and the general rate for holiday and
overtime work in this locality for each craft, classification, or type of worker
needed to execute the Agreement for this Project from the Director of the
Department of Industrial Relations (“DIR”). Copies of these rates may be obtained
at the Purchasing Division’s office of the City of Palo Alto. Contractor shall provide
a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay
the adopted prevailing wage rates as a minimum. Contractor shall comply with
the provisions of all sections, including, but not limited to, Sections 1775, 1776,
1777.5, 1782, 1810, and 1813, of the Labor Code pertaining to prevailing wages.
AA. DIR REGISTRATION. In regard to any public work construction, alteration,
demolition, repair or maintenance work, CITY will not accept a bid proposal from
or enter into this Agreement with CONTRACTOR without proof that
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City of Palo Alto General Services Agreement 10 Rev. March 29, 2018
CONTRACTOR and its listed subcontractors are registered with the California
Department of Industrial Relations (“DIR”) to perform public work, subject to
limited exceptions. City requires CONTRACTOR and its listed subcontractors to
comply with the requirements of SB 854.
CITY provides notice to CONTRACTOR of the requirements of California Labor
Code section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid
proposal, subject to the requirements of Section 4104 of the Public Contract
Code, or engage in the performance of any contract for public work, as defined
in this chapter, unless currently registered and qualified to perform public work
pursuant to Section 1725.5. It is not a violation of this section for an
unregistered contractor to submit a bid that is authorized by Section 7029.1 of
the Business and Professions Code or Section 10164 or 20103.5 of the Public
Contract Code, provided the contractor is registered to perform public work
pursuant to Section 1725.5 at the time the Agreement is awarded.”
CITY gives notice to CONTRACTOR and its listed subcontractors that
CONTRACTOR is required to post all job site notices prescribed by law or
regulation and CONTRACTOR is subject to SB 854-compliance monitoring and
enforcement by DIR.
CITY requires CONTRACTOR and its listed subcontractors to comply with the
requirements of Labor Code section 1776, including:
Keep accurate payroll records, showing the name, address, social security
number, work classification, straight time and overtime hours worked each day
and week, and the actual per diem wages paid to each journeyman, apprentice,
worker, or other employee employed by, respectively, CONTRACTOR and its
listed subcontractors, in connection with the Project.
The payroll records shall be verified as true and correct and shall be certified and
made available for inspection at all reasonable hours at the principal office of
CONTRACTOR and its listed subcontractors, respectively.
At the request of CITY, acting by its project manager, CONTRACTOR and its listed
subcontractors shall make the certified payroll records available for inspection or
furnished upon request to the project manager within ten (10) days of receipt of
CITY’s request.
DocuSign Envelope ID: 4322568C-D7E8-4F5B-9E4B-8A118D81A2F8
City of Palo Alto General Services Agreement 11 Rev. March 29, 2018
[For state- and federally-funded projects] CITY requests CONTRACTOR
and its listed subcontractors to submit the certified payroll records to the
project manager at the end of each week during the Project.
If the certified payroll records are not produced to the project manager within
the 10-day period, then CONTRACTOR and its listed subcontractors shall be
subject to a penalty of one hundred dollars ($100.00) per calendar day, or
portion thereof, for each worker, and CITY shall withhold the sum total of
penalties from the progress payment(s) then due and payable to CONTRACTOR.
Inform the project manager of the location of CONTRACTOR’s and its listed
subcontractors’ payroll records (street address, city and county) at the
commencement of the Project, and also provide notice to the project manager
within five (5) business days of any change of location of those payroll records.
BB. CONTRACT TERMS. All unchecked boxes do not apply to this Agreement. In the
case of any conflict between the terms of this Agreement and the exhibits hereto
or CONTRACTOR’s proposal (if any), the Agreement shall control. In the case of
any conflict between the exhibits hereto and CONTRACTOR’s proposal, the
exhibits shall control.
IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives
executed this Agreement on the date first above written.
CITY OF PALO ALTO DOWNTOWN STREETS TEAM, INC
______________________________ By________________________________________ City Manager or Designee Name _____________________________________
Title_______________________________________
Approved as to form:
__________________________ City Attorney or Designee
DocuSign Envelope ID: 4322568C-D7E8-4F5B-9E4B-8A118D81A2F8
CEO
Eileen Richardson
City of Palo Alto General Services Agreement 12 Rev. March 29, 2018
EXHIBIT A SCOPE OF SERVICES
1.SERVICES
Task 1 – Street Cleaning Services CONTRACTOR shall perform Street Cleaning Services, which includes cleaning of the City’s five parking garages (Bryant/Lytton Garage; High/Alma South Garage; High/Alma
North Garage; Webster/Cowper Garage; and the Civic Center Garage), sidewalks, and alleyways in the Downtown Palo Alto area. These services shall be performed according to the attached schedule (Exhibit B) and shall be performed at a minimum by a two-person crew. The level of service provided shall include, but not be limited to, picking up litter,
reducing trash from overflowing trash receptacles along University Avenue, reporting
suspicious persons and/or vehicles to the proper authorities, reporting safety hazards such as raised sidewalks and lights that are out, and reporting cases of vandalism and graffiti. CONTRACTOR shall be responsible for providing all training, labor and equipment required to perform the tasks as specified in the contract, including the appropriate training and
Personal Protective Equipment (PPE) required for the collection of syringes (sharps). The CITY will provide sharp waste containers and dispose of those containers once filled. It is the responsibility of the CONTRACTOR to inform the Project Manager when sharp waste containers are full and need to be replaced and disposed. CONTRACTOR shall also, through the use of their employees, encourage other homeless individuals to explore other options,
and to explain all of the services that are available to homeless individuals. CONTRACTOR shall send teams daily to Palo Alto City Hall to conduct outreach, pick up trash, and ensure that no individuals are violating Palo Alto City Policy 4-07/MGR – Conduct in City Facilities.
The Downtown Streets Team (DST) Project Manager shall also attend quarterly meetings with the City’s Project Manager. CONTRACTOR shall provide a monthly report to Project Manager that reports data on the following:
•Number of homeless individuals found in the garages,
•Total number of interactions with homeless individuals,
•Number of follow ups with homeless individuals,
•Number of homeless individuals who report that they do not want to engage in
any services offered,
•And other pertinent information that conveys the barriers that homelessindividuals face in accessing, following up with and obtaining needed services.
The DST Project Manager shall also attend monthly meetings with the Palo Alto Downtown
Business and Professional Association (PADBPA) to act as a liaison between the business owners who have a vested interest in the services being provided, city staff who manage the contract, and the Downtown Streets Team who run the program. The DST Project Manager shall make a brief presentation at the monthly PADBPA meetings to relay what efforts have
been undertaken since the last meeting.
CONTRACTOR shall be compliant to all State and County regulations related to COVID-19, such as wearing a mask and performing social distancing.
DocuSign Envelope ID: 4322568C-D7E8-4F5B-9E4B-8A118D81A2F8
City of Palo Alto General Services Agreement 13 Rev. March 29, 2018
EXHIBIT B SCHEDULE OF PERFORMANCE
CONTRACTOR shall not perform services in cases of inclement weather (as determined by City staff and the Downtown Streets Team Project Manager) or during observed City holidays. The schedule and tasks can be modified during the term of the contract based on operational needs through a written mutual agreement between the CITY and the CONTRACTOR.
DAY TIME ACTIVITIES Monday 7-9 AM 9 AM 9-11 AM 11-11:15 AM 11:15 AM -12:30 PM 12:30-1:30 PM 1:30 PM 1:30-2 PM 2-3 PM 3-3:15 PM 3:15-5:15 PM 5:15 PM
Garage cleaning and outreach Shift change box Alleyways (Downtown North and South) Break at box and shift change University Ave Downtown South/City Hall Shift changes at box Downtown North Garage cleaning and outreach Break Garage cleaning and outreach Dismissal at box
Tuesday 7-9 AM 9 AM 9-11 AM 11-11:15 AM 11:15 AM -12:30 PM 12:30-1:30 PM 1:30 PM 1:30-2 PM 2-3 PM 3-3:15 PM 3:15-5:15 PM 5:15 PM
Garage cleaning and outreach Shift change box Alleyways (Downtown North and South) Break at box and shift change University Ave Downtown South/City Hall Shift changes at box Downtown North Garage cleaning and outreach Break Garage cleaning and outreach Dismissal at box
Wednesday 7-9 AM 9 AM 9-11 AM 11-11:15 AM 11:15 AM -12:30 PM 12:30-1:30 PM 1:30 PM 1:30-2 PM 2-3 PM 3-3:15 PM 3:15-5:15 PM 5:15 PM
Garage cleaning and outreach Shift change box Alleyways (Downtown North and South) Break at box and shift change University Ave Downtown South/City Hall Shift changes at box Downtown North Garage cleaning and outreach Break Garage cleaning and outreach Dismissal at box
Thursday 7-8 AM 8-9 AM 9 AM
Garage cleaning and outreach Downtown South/City Hall and Alleyways Shift changes at box Team 1 Team 2
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City of Palo Alto General Services Agreement 14 Rev. March 29, 2018
9-10 AM
10-10:15 AM 10:15-11:15 AM
11:30 AM
Downtown North and Alleyways University Ave
Break at box
Downtown North and Alleyways University Ave
Dismissal at box
Friday 7-9 AM 9 AM 9:30-11 AM 11-11:15 AM 11:15 AM -12:30 PM 12:30-1 PM 1 PM 1-2 PM 2-3 PM 3-3:15 PM 3:15-5:15 PM 5:15 PM
Garage cleaning and outreach Break at box and shift change Alleyways (Downtown North and South) Break at box and shift change University Ave Downtown South/City Hall Break Downtown North Garage cleaning and outreach Break Garage cleaning and outreach Dismissal at box
Saturday 7-8 AM 8 AM 8-9 AM 9-11:30 AM 11:30 AM -12:30 PM 12:30-12:45 PM 12:45-2 PM 2 PM
Garage cleaning and outreach Break at box Downtown South/City Hall University Ave Downtown North Break Garage cleaning and outreach Dismissal at box
Sunday 7-8 AM 8 AM 8-9 AM 9-11:30 AM 11:30 AM-12:30 PM 12:30-12:45 PM 12:45-2 PM 2 PM
Garage cleaning and outreach Break at box Downtown South/City Hall University Ave Downtown North Break Garage cleaning and outreach Dismissal at box
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City of Palo Alto General Services Agreement 15 Rev. March 29, 2018
EXHIBIT C SCHEDULE OF FEES
CONTRACTOR shall perform the tasks as described and budgeted below. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below provided the total compensation for the Services including reimbursable expenses, does not exceed the amounts set forth in Sections 5 and 6 of the Agreement. Any services provided or hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
CONTRACTOR shall provide monthly detailed invoices that identify the tasks that were completed. Examples of such requests are as the following:
•Quantify the amount of trash that is being removed weekly.
•Quantity of syringes (sharps) that are removed.
•Dates and locations that were serviced (if above schedule is altered).
•Number of individuals that are on site each week.
DESCRIPTION OF TASK NOT TO EXCEED COMPENSATION PER TASK
Task 1 $8,979.00 per month (Street Cleaning Services)
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City of Palo Alto General Services Agreement 16 Rev. March 29, 2018
EXHIBIT D INSURANCE REQUIREMENTS
CONTRACTORS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST’S KEY RATING OF A-:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA.
AWARD IS CONTINGENT ON COMPLIANCE WITH CITY’S INSURANCE REQUIREMENTS, AS SPECIFIED, BELOW:
REQUIRED TYPE OF COVERAGE REQUIREMENT MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES WORKER’S COMPENSATION
YES EMPLOYER’S LIABILITY STATUTORY STATUTORY
YES GENERAL LIABILITY, INCLUDING PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING ALL OWNED, HIRED, NON-OWNED
BODILY INJURY - EACH PERSON
- EACH
OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTYDAMAGE,COMBINED
$1,000,000 $1,000,000 $1,000,000
$1,000,000
$1,000,000
$1,000,000 $1,000,000 $1,000,000
$1,000,000
$1,000,000
PROFESSIONAL LIABILITY, NO INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN APPLICABLE), AND NEGLIGENT PERFORMANCE ALL DAMAGES $1,000,000
YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONTRACTOR, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONTRACTOR AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS’ COMPENSATION, EMPLOYER’S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES.
I. INSURANCE COVERAGE MUST INCLUDE:
A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING URL: https://www.planetbids.com/portal/portal.cfm?CompanyID=25569
III. ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO “ADDITIONAL INSUREDS”
DocuSign Envelope ID: 4322568C-D7E8-4F5B-9E4B-8A118D81A2F8
City of Palo Alto General Services Agreement 17 Rev. March 29, 2018
A. PRIMARY COVERAGE
WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS.
B. CROSS LIABILITY
THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY.
C. NOTICE OF CANCELLATION
1. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASONOTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALLPROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THEEFFECTIVE DATE OF CANCELLATION.
2. THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST
A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OFCANCELLATION.
Vendors are required to file their evidence of insurance and any other related notices with the City of Palo Alto at the following URL:
https://www.planetbids.com/portal/portal.cfm?CompanyID=25569
OR
http://www.cityofpaloalto.org/gov/depts/asd/planet_bids_how_to.asp
DocuSign Envelope ID: 4322568C-D7E8-4F5B-9E4B-8A118D81A2F8