HomeMy WebLinkAboutStaff Report 8634City of Palo Alto (ID # 8634)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 12/11/2017
City of Palo Alto Page 1
Summary Title: Approval of Contract with the Downtown Streets Team
Title: Approval of a Three Year Contract with Downtown Streets, Inc. in a
Total Amount Not to Exceed of $410,616 for Maintenance Services for the
City's Five Downtown Parking Garages, Downtown Sidewalks and Alleys,
Lytton and Cogswell Plaza, the Stanford/Palo Alto Playing Fields, City Hall
and the Old Community Garden, 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 the City Council approve and authorize the City Manager
or his designee to execute the attached contract with the Downtown Streets
Team, Inc. (Attachment A) in the amount of $136,872 per year for a term of three
years in an amount not to exceed $410,616 for cleaning in the City’s five
downtown parking garages and on Downtown Business District sidewalks, alleys
and plazas; peer to peer outreach; and case management services for the
homeless.
Background
The Downtown Business District is maintained in a safe, clean and appealing
manner. Not only is cleanliness an important civic priority, it is essential to
maintaining a healthy and vital economic environment which continues to
generate healthy tax revenues and our downtown Palo Alto visitors, shoppers,
diners, employees and local residents expect a positive experience when using
downtown services.
The Downtown Streets Team (DST) is a program founded by the Palo Alto
City of Palo Alto Page 2
Business Improvement District (BID) to reduce panhandling, provide re-entry skills
to the homeless in our community and clean downtown streets. The program is
aimed at reducing homelessness by encouraging participants to “take an active
role in their recovery”, model positive behavior, and “create long-term solutions
for their peers.” In return 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 then be used to seek further employment.
The City has partnered with DST since 2006 and the resultant decrease in
homeless issues has been attributed to the increased presence of DST participants
in the garages. In 2010 discussions with downtown stakeholders,including BID
and Palo Alto Downtown Professional and Business Association (PAd), a
combination of services that would raise the standards of cleanliness in the area
was requested. The enhanced services included emptying overflowing garbage
receptacles on University Avenue on Saturday and Sunday afternoons, cleaning
the alleyways, picking up litter in the five parking structures (S & L, R, J, Q and
Civic Center), and providing a roving patrol moving every 30 minutes through
each garage where facilities are checked for homeless persons, suspicious
vehicles, skateboarders, roller skaters, bicyclists, and/or other safety hazards
which are then appropriately reported to departments for action. City staff also
inspects downtown areas periodically and any problems or issues related to DST
work are addressed and responded to within 48 hours.
Discussion
In addition to the existing service DST participants provide, including maintenance
services seven days a week in the parking garages, sidewalks and alleys; Lytton
and Cogswell plazas; and various other locations in the downtown area. Services
include: picking up litter and emptying trash recepticals; reporting safety hazards
and areas in need maintenance to City staff; wiping down and rearranging tables
and chairs in Lytton Plaza; reporting vandalism and graffiti; and notification of
suspicious persons and vehicles to the authorities, the new contract will include
an increased presence in the common areas of City Hall to provide peer outreach
and litter removal. DST and the City have developed a tentative schedule of daily
tasks that shall be adhered to except for in cases of incliment weather or
exceptional operational needs. This schedule of performance is outlined in Exhibit
B of the attached contract (Attachment A).
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In addition to the structured schedule for DST participants, DST will provide an
intermediary between DST and the City in the form of a Project Manager, who
shall provide a minimum of four hours of outreach services per week. The
contract also provides for a minimum of twelve hours per week for Case
Management sessions and project support. The DST Project Manager will provide
the City with monthly written reports, attend monthly meetings with PAd to
report on the current progress of DST, and attend quarterly meetings with a
Community Services Department manager.
Since DST is the only vendor that uses a peer-to-peer model to provide outreach
to homeless individuals while providing services to the downtown area, this
contract meets the requirements for exemption from solicitation based on
Municipal Code section 2.30.360(d).
Resource Impact
The cost of this contract remains the same as currently paid to Downtown Streets
Team, Inc. and funding for year one of the contract was approved as part of the
Fiscal Year 2018:the University Avenue Parking Permit Fund ($107,748.00) and
Community Services Department’s General Fund operating budget ($29,124.00).
Funding for contract years two and three are subject to the annual appropriation
of funds.
Policy Implications
Approval of the agreements is consistent with existing City policies.
Environmental Review
These services for continuing maintenance do not constitute a project for the
purposes of the California Environmental Quality Act.
Attachments:
·Attachment A -Downtown Streets Team Contract
City of Palo Alto General Services Agreement 1 Rev. February 8, 2017
CITY OF PALO ALTO CONTRACT NO. ____________
GENERAL SERVICES AGREEMENT
BETWEEN THE CITY OF PALO ALTO AND DOWNTOWN STREETS TEAM, INC.
THIS AGREEMENT made and entered into on the 5th day of December, 2017, 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.
Optional On-Call Provision (This provision only applies if checked and only
applies to on-call agreements.)
Services will be authorized by CITY, as needed, with a Task Order assigned and
approved by CITY’s Project Manager. Each Task Order shall be in substantially the
same form as Exhibit A-1. Each Task Order shall designate a CITY Project
Manager and shall contain a specific scope of work, a specific schedule of
performance and a specific compensation amount.The total price of all Task
Orders issued under this Agreement shall not exceed the amount of
Compensation set forth in Section 5 of this Agreement. CONTRACTOR shall only
be compensated for work performed under an authorized Task Order and CITY
may elect, but is not required, to authorize work up to the maximum
compensation amount set forth in Section 5.
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.
City of Palo Alto General Services Agreement 2 Rev. February 8, 2017
3. TERM.
The term of this Agreement is from November 12, 2017 to November 11, 2020
inclusive, subject to the provisions of Sections Q and V 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:
City of Palo Alto General Services Agreement 3 Rev. February 8, 2017
subject to all requirements and restrictions in this Agreement.
6.COMPENSATION DURING ADDITIONAL TERMS.
City of Palo Alto General Services Agreement 4 Rev. February 8, 2017
Maintenance Services shall be invoiced separately and sent to City of Palo Alto,
Attention: Catherine Bourquin, 3201 East Bayshore Road, Palo Alto, CA 94303.
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 7 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 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.
City of Palo Alto General Services Agreement 5 Rev. February 8, 2017
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
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.
City of Palo Alto General Services Agreement 6 Rev. February 8, 2017
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.
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.
City of Palo Alto General Services Agreement 7 Rev. February 8, 2017
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.
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
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, 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
City of Palo Alto General Services Agreement 8 Rev. February 8, 2017
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 Contract. CONTRACTOR further covenants that, in
the performance of this Contract, 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 Contract.
CONTRACTOR agrees to advise CITY if any conflict arises.
U.GOVERNING LAW. This contract 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 Contract are no longer available. This
City of Palo Alto General Services Agreement 9 Rev. February 8, 2017
Section shall take precedence in the event of a conflict with any other covenant,
term, condition, or provision of this Contract.
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.
·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 CONTRCATOR, 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 contract is not a public works contract, if contract
does not include a public works construction project of more than $25,000, or
the contract does not include a public works alteration, demolition, repair, or
maintenance (collectively, ‘improvement’) project of more than $15,000.
City of Palo Alto General Services Agreement 10 Rev. February 8, 2017
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 contract 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
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 contract is awarded.”
CITY gives notice to CONTRACTOR and its listed subcontractors that
CONTRCATOR 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 of Palo Alto General Services Agreement 11 Rev. February 8, 2017
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.
[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
City of Palo Alto General Services Agreement 12 Rev. February 8, 2017
______________________________By________________________________________
City Manager or Designee
(Required on contracts $85,000 and over)Name _____________________________________
Title_______________________________________
__________________________Telephone: _______________________________
Purchasing Manager or Designee
Approved as to form:
___________________________
City Attorney or Designee
City of Palo Alto General Services Agreement 13 Rev. February 8, 2017
EXHIBIT A
SCOPE OF SERVICES
Task 1 –Street Cleaning Services
Contractor shall perform ongoing 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, 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, emptying trash receptacles along University Avenue, reporting
suspicious persons and 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 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.
Contractor shall also provide Outreach Case Management to the downtown core with the
intent of linking homeless individuals to community and housing services. The Project
Manager shall meet with homeless individuals who are living on the streets of downtown
Palo Alto and in parking garages in the downtown core. The Project Manager shall
provide outreach services at a minimum of four hours per week. Contractor shall also
provide Case Management sessions and project support at a minimum of twelve (12)
hours per week.
The Downtown Streets Team Project Manager shall also attend quarterly meetings with a
Palo Alto Community Services Department (CSD) manager. Contractor shall provide a
monthly report to CSD Manager that reports data on the 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 homeless individuals face in accessing, following up with and
obtaining needed services. The Project Manager shall also attend monthly meetings of the
Palo Alto Downtown Business and Professional Association (PAd) 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 Project Manager shall make a brief presentation at the monthly PAd
meetings to relay what efforts have been undertaken since the last meeting.
Task 2 –Cleaning Maintenance Services
Contractor shall provide Cleaning Maintenance Services for the following locations at the
prescribed frequencies:
City of Palo Alto General Services Agreement 14 Rev. February 8, 2017
Lytton Plaza –Maintenance service shall include, on a daily basis, the removal of trash
and litter, the re-arranging of chairs in the plaza, and wiping down all tables and chairs
located in the plaza. Garbage receptacles shall be serviced as well to ensure that no
receptacles are overflowing. All maintenance shall be completed by 9:00 A.M. each
morning.
Old Community Garden between Red Cross and El Camino Park –Maintenance
service shall include removal of trash, litter, and debris, as well as the servicing of one
trash receptacle located near the restroom. Frequency of this service shall be twice a
week and occur on Mondays and Wednesdays.
Stanford/Palo Alto Playing Fields –Maintenance service shall include removal of trash
and litter, manual removal of weeds taller than one (1)ft. in height in landscape areas
(between parking lots and street), and servicing trash receptacles (contractor may use on-
site dumpster for disposal at this location). Frequency shall be three times a week, and
shall be conducted on Friday, Saturday, and Sunday before 9:00 A.M.
Cogswell Plaza –Maintenance service shall include removal of trash, litter and debris
from landscape areas and concrete/asphalt pathways, as well as servicing trash
receptacles. Frequency shall be daily for this location.
City of Palo Alto General Services Agreement 15 Rev. February 8, 2017
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONTRACTOR shall perform the Services according to the schedule below. Contractor
should not perform the services in cases of inclement weather (as determined by City
staff and the Downtown Streets Team Project Manager) or during and observed city
holidays. The schedule and tasks can me modified based on operational needs through an
agreement between the City and the Contractor.
Day Time Activities
Monday
6-8 AM
8 AM
8:30-10 AM
10-10:15 AM
10:15-11:30 AM
11:30-noon AM
Noon
Noon-1 PM
1-2 PM
2-2:15 PM
2:15-3 PM
3-3:30 PM
3:30-4 PM
4 PM
8 PM-Midnight
Garage cleaning and outreach
Shift change at box
Red Cross Cleaning
Break at box and shift change
Alleyways (Downtown North and South)
Lytton Plaza
Shift change at box
University Ave
Downtown South/City Hall
Break
Downtown North
Cogswell Park
Lytton Plaza
Dismissal at box
Garage cleaning and outreach
Tuesday
6-8 AM
8 AM
8:30-9 AM
9-10 AM
10-10: 15 AM
10:15-11AM
11-noon AM
Noon
Noon-1 PM
1-2 PM
2-2:15 PM
2:15-3 PM
3-3:30 PM
3:30-4 PM
4 PM
8 PM-Midnight
Garage cleaning and outreach
Shift change at box
Lytton Plaza
Downtown South and Alleyways
Break at box and shift change
Cogswell Plaza
Downtown North and Alleyways
Shift change at box
University Ave
Downtown South/City Hall
Break
Downtown North
Cogswell Park
Lytton Plaza
Dismissal at box
Garage cleaning and outreach
Wednesday
6-8 AM
8 AM
8:30-10 AM
10-10:15 AM
Garage cleaning and outreach
Shift change at box
Red Cross Cleaning
Break at box and shift change
City of Palo Alto General Services Agreement 16 Rev. February 8, 2017
10:15-11:30 AM
11:30-noon AM
Noon
Noon-1 PM
1-2 PM
2-2:15 PM
2:15-3 PM
3-3:30 PM
3:30-4 PM
4 PM
8 PM-Midnight
Alleyways (Downtown North and South)
Lytton Plaza
Shift change at box
University Ave
Downtown South/City Hall
Break
Downtown North
Cogswell Park
Lytton Plaza
Dismissal at box
Garage cleaning and outreach
Thursday
6-8 AM
8 AM
8-9 AM
9-10 AM
10-10: 15 AM
10:15-11:15 AM
11:30 AM
Garage Cleaning
Shift change at box
Team 1 Team 2
Lytton Plaza, then
Cogswell Park
Downtown
South/City Hall and
Alleyways
Downtown North
and Alleyways
University Ave
Break at box
Downtown North
and alleyways
University Ave
Dismissal at box
Friday
6-8 AM
8 AM
7-10 AM
8:30-9 AM
9-10 AM
10-10: 15 AM
10:15-11AM
11-noon AM
Noon
Noon-1 PM
1-2 PM
2-2:15 PM
2:15-3 PM
3-3:30 PM
3:30-4 PM
4 PM
9 PM-1 AM
Garage cleaning and outreach
Shift change at box
Palo Alto/Stanford Playing Fields
Lytton Plaza
Downtown South and Alleyways
Break at box and shift change
Cogswell Plaza
Downtown North and Alleyways
Shift change at box
University Ave
Downtown South/City Hall
Break
Downtown North
Cogswell Park
Lytton Plaza
Dismissal at box
Garage cleaning and outreach
Saturday
6-8 AM
7-10 AM
8 AM
8-8:30
8:30-9:30 AM
Garage cleaning and outreach
Palo Alto/Stanford Playing Fields
Shift change at box
Lytton Plaza
Downtown North
City of Palo Alto General Services Agreement 17 Rev. February 8, 2017
9:30-10 AM
10-10: 15 AM
10:15-11
11-11:45
Noon
9 PM-1 AM
Cogswell Park
Break at Box
Downtown South/City Hall
University Ave
Dismissal at box
Garage cleaning and outreach
Sunday
6-8 AM
7-10 AM
8 AM
8-8:30 AM
8:30-10 AM
10-10: 15 AM
10:15-11
11-11:30
Noon
8 PM-Midnight
Garage cleaning and outreach
Palo Alto/Stanford Playing Fields
Shift change at box
Lytton Plaza
Garbage cans on University
Break at Box
Downtown South and North (split teams)
Cogswell
Dismissal at box
Garage cleaning and outreach
City of Palo Alto General Services Agreement 18 Rev. February 8, 2017
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 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.
DESCRIPTION OF TASK NOT TO EXCEED
COMPENSATION PER TASK
Task 1 $8,979 per month.
(Street Cleaning Services)
Task 2 $2,427 per month.
(Cleaning Maintenance Services)
Total compensation shall not exceed $136,872 per year.
City of Palo Alto General Services Agreement 19 Rev. February 8, 2017
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
YES
WORKER’S COMPENSATION
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 PROPERTY
DAMAGE, 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
NO
PROFESSIONAL LIABILITY,
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 PROVISION FOR A WRITTEN THIRTY DAY ADVANCE NOTICE TO CITY OF CHANGE
IN COVERAGE OR OF COVERAGE CANCELLATION; AND
B.A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE
FOR CONTRACTOR’S AGREEMENT TO INDEMNIFY CITY.
C.DEDUCTIBLE AMOUNTS IN EXCESS OF $5,000 REQUIRE CITY’S PRIOR APPROVAL.
II. CONTACTOR MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED
COVERAGE.
III.ENDORSEMENT PROVISIONS, WITH RESPECT TO THE INSURANCE AFFORDED TO
“ADDITIONAL INSUREDS”
City of Palo Alto General Services Agreement 20 Rev. February 8, 2017
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
REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE ISSUING
COMPANY SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN
NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION.
2.IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-
PAYMENT OF PREMIUM, THE ISSUING COMPANY SHALL PROVIDE CITY AT
LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF
CANCELLATION.
NOTICES SHALL BE MAILED TO:
PURCHASING AND
CONTRACT ADMINISTRATION
CITY OF PALO ALTO
P.O. BOX 10250
PALO ALTO, CA 94303