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HomeMy WebLinkAbout1999-08-02 City Council (17)TO: City Manager’s Report HONORABLE CITY COUNCIL 6 FROM:CITY MANAGER DEPARTMENT: POLICE DATE: SUBJECT: AUGUST 2, 1999 CMR:326:99 AWARD OF CONTRACT IN THE AMOUNT OF $133,000 TO ALL CITY MANAGEMENT SERVICES, INCORPORATED FOR ADULT CROSSING GUARD SERVICES RECOMMENDATION Staff recommends that Council approve and authorize the Mayor to execute the attached contract with All City Management Services, Incorporated in the amount of $133,000 for adult crossing guard services. DISCUSSION Project Description The City is committed to the safety of all children who attend school within Palo Alto. Currently, the City employs 15 adult crossing guards who assist children who walk or ride their bicycles to school. During the last year, the Police Department hired two additional crossing guards for the new Hoover School on Charleston Road, which opened in September. Crossing guard locations are selected using criteria approved by the City Council. Criteria include numbers of children crossing, their ages, the volume of traffic and number of reported traffic collisions at the particular location. The Police Department’s Traffic Division is responsible for hiring, staffing, training, equipping and supervising the crossing gaaards. Currently, crossing guards are hourly employees who do not receive benefits. The Police Department must staff crossing guard posts when crossing guards are ill, fail to show up at work, or when vacancies occur. Most of the current crossing guards have been employed by the City for several years. However, they often call in sick, have doctors’ appointments, or other obligations that require them to be absent. Several requirements of the job make it difficult to fiI1 vacancies, including the split shifts of morning and afternoon, CMR:326:99 Page t of 3 working outdoors in inclement weather, and the danger of directing traffic. As a result, it often takes a significant period of time to fill vacancies. Parking Enforcement Officers, Community Service Officers or Patrol officers must be used when temporary vacancies need to be filled. One crossing guard location was staffed each morning by a Parking Enforcement Officer from September until February due to a vacancy and the difficulty of finding a qualified person. The coverage of the crossing guard locations takes these regular employees away from their normal duties for one to one and one-half hours in both the morning and afternoon. With the addition of new crossing guards, as well as the ongoing difficulty in recruitment, scheduling and staffing, the adult crossing guard program is currently consuming approximately .35 FTE of staff’s time. Staff research indicates that a number of cities contract their adult crossing guard programs to private vendors that specialize in providing this service. As a result, staff distributed a Request for Proposal (RFP) for adult crossing guard services. This includes coverage at the actual locations, as well as the administration of hiring, training and scheduling. Selection Process On June 14, 1999, staff sent RFPs to 14 firms. A three-week response time was provided. One vendor, All City Management Services, submitted a proposal. On July 7, 1999, staff clarified an issue that was raised about the RFP and redistributed the RFP. Once again, All City Management Services was the only company to submit a proposal. Staff found the proposal to be satisfactory. Staff checked the company’s references for previous work performed and found no complaints. A partial list of cities currently using All City Management Services for crossing guard management include Mountain View, Pittsburg, Pleasanton, Tracy, Dublin and Moraga. RESOURCE IMPACT Funds in the amount of $133,000 were approved in the FY 1999-2000 Police Department’s budget for crossing guard services. In 1998-99, the department spent $97,139 in hourly salaries for crossing guard services and $36,130 in regular staffing to recruit, staff and supervise the program. CIVIR:326:99 Page 2 of 3 POLICY IMPLICATIONS The provision of adult crossing guards is consistent with City policy. This report recommends a change from temporary City employees providing the service to having a private contractor provide the service. ENVIRONMENTAL ASSESSMENT This is not a project under the California Environmental Quality Act (CEQA). ATTACHMENTS Attachment A:Contract Agreement PREPARED BY: APPROVED BY: Sergeant Doug K~i~l’raffic Supervisor EMILY HARRISON,~ssistant City Manager ClVlR:326:99 Page 3 of 3 AGREEMENT BETWEEN THE CITY OF PALO ALTO AND ALL CITY MANAGEMENT SERVICES, INC. FOR SCHOOL CROSSING GUARD SERVICES THIS AGREEMENT is made and entered into this __.day of , 1999, by and between the CITY OF PALO ALTO, a municipal corporation of California, hereinafter referred to as "CITY," and ALL CITY MANAGEMENT SERVICES, INC., a California corporation, hereinafter referred to as "CONTRACTOR"; W I T N E S S E T H: WHEREAS, CITY desires to retain services to provide schoo! crossing guard services for CITY; and WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and experienc@ for performing such services, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of covenants, the parties hereto agree as follows: their mutual SECTION I -PROJECT COORDINATION i.i City The City Manager shall be representative of CITY for all purposes under this Agreement. The Chief of Police or designee is designated as the PROJECT MANAGER for the City Manager and shal! supervise the progress and execution of this Agreement. 1.2 Contractor CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Baron Farwel! hereby is designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be designated in written notice to CITY by CONTRACTOR and subject to the prior written approval of the PROJECT MANAGER. SECTION 2 - DUTIES OF CONTRACTOR 2.1 Services to be Furnished CONTRACTOR shall provide crossing guard services as set forth below: 990723 syn 0043795 2.1.1 Upon request by PROJECT MANAGER, CONTRACTOR shall test, interview, evaluate, and screen all applicants for crossing guard positions to insure they meet the requirements of the City of Palo Alto as specified herein. 2.1.2 CONTRACTOR shall provide crossing guards in quantities and at locations and during time periods designated in writing by the PROJECT MANAGER, provided that the PROJECT MANAGER shall provide this designation to CONTRACTOR no less than 14 calendar days prior to the commencement of the school year adopted by the Palo Alto Unified School District. During the school year, or during the summer recess following the school year, CONTRACTOR shall provide additional crossing guards in quantities and at locations and during time periods designated in writing by the PROJECT MANAGER, provided that the PROJECT MANAGER shall provide this designation upon no less than 14 calendar days prior notice. 2.1.3 CONTRACTOR shall maintain supervisory personnel adequate to monitor the performance of crossing guard services in accordance with the requirements of this agreement. 2.1.4 CONTRACTOR shall maintain adequate reserve personnel to be able to provide an alternate crossing guard for any crossing guard who notifies CONTRACTOR at least one hour prior to the designated starting time that the crossing guard will not report for work at the assigned time and location. If a crossing guard fails to provide CONTRACTOR with at least one hour notice that the crossing guard will not report for work at the assigned time and location, CONTRACTOR wil! take all measures reasonably necessary to provide an alternate crossing guard and to assure that crossing guard coverage is provided in the future without disruption and gaps in coverage. 2.1.5 CONTRACTOR and CITY agree that any and all crossing guards provided to CITY by CONTRACTOR under this Agreement shall be the employees of CONTRACTOR and not the employees of the City of Palo Alto. CONTRACTOR shall retain complete authority and responsibility in the selection, retention, compensation, and assignment of any and all crossing guards provided to CITY by CONTRACTOR. CONTRACTOR shal! provide, at CONTRACTOR’s sole expense, all equipment, including without limitation signs, traffic vests, whistles and raincoats, reasonably necessary to assure that crossing guards are readily visible and easily recognizable as crossing guards. Crossing guard apparel shall be appropriate for weather conditions and shal! be uniform in appearance. 2.2 Laws to be Observed CONT~hCTOR shall: 2.2.1 Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and 990723 syn 0343795 incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under this Agreement. 2.2.2 Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this Agreement, any materials used in CONTRACTOR’s perfor- mance under this Agreement, or the conduct of the services under this Agreement. 2.2.3 At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders and decrees mentioned above. 2.2.4 Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any provision of this Agreement. SECTION 3 -COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR as follows: 3.1 CITY shal! compensate CONTRACTOR according to the following schedule for all crossing guards actually provided by CONTRACTOR at the locations and times designated by the PROJECT MANAGER: Pay step i: Pay step 2: Pay step 3: Pay step 4: Pay step 5: $12.59 per hour $12.59 per hour $13.26 per hour $14.02 per hour $14.81 per hour These billing rates shall provide full and complete compensation to CONTRACTOR for all services provided under this agreement, including without limitation all wages and benefits provided to crossing guards, all supervisory and management services, all administrative and overhead services, and all insurance and workers compensation costs. 3.2 Total compensation provided by CITY to CONTRACTOR shall not exceed the amount of One Hundred Thirty Three Thousand Dollars ($133,000.00) during the initia! term of this Agreement and shal! not exceed that same amount in any additional year extension of this Agreement provided for herein without amendment of this Agreement. In the event that tota! compensation reaches this limit during the term of this Agreement, CONTRACTOR shall cease performance under this Agreement unless and until compensation is augmented by amendment of this Agreement. 990723 syn 0043795 3 3.3 CONTRACTOR shall submit monthly invoices for crossing guard services provided in the prior month, detailing the exact hours provided by each crossing guard on each date during that prior month and detailing the pay step and total wages provided to each crossing guard during that period. Compensation shall be provided by CITY to CONTRACTOR only for crossing guard services provided in full hour increments, so that no compensation shall be provided for crossing guard services less than one hour in length. 3.4 CONTRACTOR shall submit to CITY itemized invoices for crossing guard services provided to CITY These invoices shall have information deemed sufficient by the PROJECT MANAGER or his designee and shall be paid within thirty (30) days of their receipt by CITY. 3.5 All compensation payable hereunder shall be subject to the appropriation of funds by CITY’s Council for the applicable fiscal year during which such temporary employment services are to be or are rendered. In the event funds are not appropriate~ for services to be rendered in any fiscal year during the term of this Agreement, this Agreement shall be deemed terminated at the end of the fiscal year for which funds are appropriated. No penalty shall accrue to CITY in the event this Agreement is terminated pursuant to the provisions of this Subsection 4.3, and CITY shall not be liable for any future payments due or for any damages as a result of the termination of this Agreement pursuant hereto. SECTION 4 - TERM This Agreement shall commence on the date of execution stated in the preamble to this Agreement and shall continue in ful! force and effect for one calendar year thereafter or until terminated as provided herein. CITY may, at its sole option and upon thirty days prior written notice to CONTR~.CTOR, extend the term of this Agreement for up to two additional calendar year durations, provided that the compensation schedule stated in this Agreement shall be adjusted to reflect compensation at 135% of the actual pay step schedule for crossing guards in effect at the commencement of the additional extension and documented by CONTRACTOR in a form acceptable to the PROJECT ~hNAGER. SECTION 5 - TEMPORARY SUSPENSION The City Manager shall have the authority to suspend this Agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or due to the failure on the part of the CONTRACTOR to perform any provision of this Agreement. SECTION 6 - SUSPENSION; TERMINATION 6.1 Right to Susoend or Terminate 990723 syn 0043795 The City Manager may suspend or terminate this Agreement for any reason by giving thirty (30) days’ written notice to CONTRACTOR. Upon receipt of such notice, CONTRACTOR shall immediately discontinue performance under this. Agreement. 6.2 Payment upon Susoension or Termination Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this Agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR’s services which are of benefit to CITY. SECTION 7 -ASSIGNMENT; SUBCONTRACTORS; EMPLOYEES. 7.1 Assignment Both parties shall give their personal attention to the faithful performance of this Agreement and shall not assign, transfer, convey, or otherwise dispose of this Agreement or any right, title or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignments. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this Agreement and any license or privilege granted herein. This Agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. 7.2 Subcontractors; Employees CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR wil! be recognized by CITY as such; rather, all subcontractors are deemed to be employees of CONTRACTOR, and it agrees to be responsible for their perform- ance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this Agreement by a!l of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she shal! be discharged immediately from the work under this Agreement on demand of the PROJECT MANAGER. SECT!ON 8 - NOTICES All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mai!, addressed as follows: To CITY:Office of the City Clerk 990723 syn 0043795 To CITY:Office of the City Clerk CITY OF PALO ALTO P.O. Box 10250 Pa!o Alto, CA 94303 To CONTRACTOR: Attention of the PROJECT DIRECTOR ALL CITY ~hNAGEMENT SERVICES, INC. 1749 South La Cienega Boulevard Los ~mgeles, California 90035 Notices of changes of address during the term of this Agreement shall be provided in writing. SECTION 9 -INTEREST OF CONTRACTOR In accepting this Agreement, CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services here- under. CONTRACTOR further covenants that, in the performan6e of this Agreement, no subcontractor or person having such an interest shall be employed. CONT~hCTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that in the perform- ance of the professional services required under this Agreement CONTRACTOR, and any of its subconsultants or employees, shall at all times be considered independent contractors and not agents or employees of CITY. SECTION I0 -AUDITS CONTRACTOR agrees to permit CITY to audit, at any reasonable time, CONTRACTOR’s records pertaining to matters covered by this agreement. SECTION !i -INDEMNITY CONTRACTOR agrees to indemnify, defend and hold harmless CITY, its officers, agents and employees from any and al! demands, claims, or liability of any nature, caused by or arising out of CONTRACTOR’s, its officers’, agents’, SUBCONTRACTORS’ or employees’ negligent acts, errors, or omissions, or willful misconduct, or conduct for which the law imposes strict liability on CONTRACTOR in the performance or failure to perform this Agreement. SECTION 12 - WORKERS’ COMPENSATION CONTRACTOR, by executing this Agreement, certifies that it is aware of the provisions of the Labor Code of the State of California 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 before commencing the perform- ance of the work of this Agreement. 990723 syn 0043795 SECTION 13 "- INSURANCE CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this Agreement the insurance coverage described in the attachment to this Agreement, insuring not only CONTRACTOR, but also (with the exception of workers’ compensation and employer’s liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this Agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this Agreement or, with CITY’s approval, within ten (I0) working days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorse- ment stating that said insurance is primary coverage and wil! not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days’ written notice of such cancellation or alteration, and that the City of Palo Alto is named as an additional insured (except on policies of professional liability insurance.) Current certificates of such insurance shall be kept on file at al! times during the term of this Agreement with the City Clerk. SECTION 14 AGREEMENT BINDING The terms, covenants, and conditions of this Agreement shall apply to, and sha!l bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. SECTION 15 -WAIVERS The waiver b}, either party of any breach or violation of any term, covenant,or condition of this Agreementor of any provision, ordinance,or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance. SECTION 16 -COSTS AND ATTORNEYS’ FEES The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and attorney fees expended in connection with such an action from the other party. 990723 s.vn 0043795 SECTION 17 - 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. SECTION 18 - NONDISCRIMINATION; PENALTY 18.1 DUTY OF CONTRACTOR No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. If the value of this Agreement is, or may be, Five Thousand Dollars ($5,000) or more, CONTRACTOR agrees to met all requirements of the Palo Alto Municipal Code pertaining to nondiscrimination in employment and to complete and submit the "Compliance Report--Nondiscrimination Provisions of City of Pa!o Alto Contracts" on the form furnished by CITY and attached hereto and incorporated herefn by reference. 18.2 PENALTY FOR DISCRIMINATION If CONT~hCTOR is found in violation of the nondiscrimina- tion provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon, CITY shal! have the power to cance! or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-Five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this section. If CONT.~tACTOR is found in violation of the nondis- crimination provisions of this Agreement or the applicable affirmative action guidelines pertaining to this Agreement, CONTRACTOR shall be found in material breach of this Agreement. Thereupon, CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract, or both. SECTION 19 - INTEGRATED AGREEMENT; AMENDMENT This document represents the entire and integrated agreement between CITY and CONT~hCTOR and supersedes al! prior negotiaZions, representations, and agreements, either written or ora!. This document may be amended only by written instrument, 990723 syn ~a3795 signed by both CITY and CONTRACTOR. All provisions of this Agreement are expressly made conditions. SECTION 20 - GOVERNING LAW This Agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST:CITY OF PALO ALTO ~ City Clerk APPROVED AS TO FORM: Mayor Senior Asst. City Attorney APPROVED: ALL CITY MANAGEMENT SERVICES, INC. Assistant City Manager Director of Administrative Services Police Chief Risk Manager By: Name (Compliance with Corp. Code § 313 is required if the entity on whose behalf this contract is signed is a corporation. In the alternative, a certified corporate resolution attesting to the signatory authority of the individuals signing in their respective capacities is acceptable) Attachments: EXHIBIT "A": Non-Discrimination Compliance Report EXHIBIT "B": Certificate of Insurance 990723 syn 0043795 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF CALIFORNIA COUNTY OF LOS ANGELES On July 27 , 1999, before me, the undersigned, a Notary Public in and for said County and State, persona!ly appeared BARON FARWELL , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and officia! seal. 990723 syn 0043795 i0 CERTIFICATE OF ACKNOWLEDGMENT (Civil Code § 1189) STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ss. ) On July 27 , 1999, before me, the undersigned, a Notary Public in and for said County and State, personally appeared RONALD G. FARWELL , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Commission ~ ~07260!~Notary Public - Ca~tor~~. Los Angeles County ¯ ,., Comm. ~xp,,. S~ ,7.1~t 990723 syn [~43795 !1