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HomeMy WebLinkAboutStaff Report 2410-3636CITY OF PALO ALTO CITY COUNCIL Regular Meeting Monday, November 04, 2024 Council Chambers & Hybrid 5:30 PM     Agenda Item     11.Approval of Amendment 1 to Contract Number C24187853 with All City Management Services, Inc. to Increase Compensation by $228,768 for Additional Crossing Guard Services and Add a Contingency of $414,933 for a New Not-to-Exceed Amount of $4,564,566; and Approve a Budget Amendment in the General Fund; CEQA status - Not a Project. Consent Questions City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Police Meeting Date: November 4, 2024 Report #:2410-3636 TITLE Approval of Amendment 1 to Contract Number C24187853 with All City Management Services, Inc. to Increase Compensation by $228,768 for Additional Crossing Guard Services and Add a Contingency of $414,933 for a New Not-to-Exceed Amount of $4,564,566; and Approve a Budget Amendment in the General Fund; CEQA status - Not a Project. RECOMMENDATION Staff recommends the City Council: 1.Approve and authorize the City Manager or designee to execute Amendment No. 1 to Contract C24187853 with All City Management Services, Inc (Attachment A) for additional crossing guard locations in an amount not to exceed $228,768, as well as a new contingency of $414,933 (Attachment B). This amendment results in a revised total contract not-to-exceed amount of $4,564,566. 2.Approve an amendment to the Fiscal Year 2025 Budget Appropriation for the General Fund (requires 2/3 approval) by: a.Increasing the Police Department appropriation by $23,112; and, b.Increase revenue from Other Agencies by $23,112. BACKGROUND The City Council approved a contract with All City Management Services, Inc to provide crossing guard services for the City of Palo Alto, for 5 years on August 7, 20231 for an amount not to exceed $3,920,865. After several community incidents, the community and Council members, in consultation with the Police Department and the Office of Transportation, discovered additional crossing guard 1 City Council, August 7, 2023, Item #14, SR#2307-1797 https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82515 services were temporarily warranted at two additional locations. The Police Department and Office of Transportation reviewed the intersections for a longer-term need and discovered the intersections of Stanford Avenue/Escondido Road and East Meadow Drive/Cowper Avenue warranted extending crossing guard services longer-term. The guard at Stanford Avenue/Escondido Road has been in place since September 26, 2023 and will remain for the duration of this contract. ANALYSIS The City contracts with All City Management Services, Inc, to provide crossing guard services for students going to and from school at specific times of each school day in approximately 30 locations, and it is recommended to add two more crossings. Staff recommends, with input from the public school district, Office of Transportation, and Safe Routes to School, to add two more locations (intersections of Stanford Avenue/Escondido Road and East Meadow Drive/Cowper Avenue warranted extending crossing guard services longer-term) and update the contract with a contingency clause in the event the City would like to make additional updates to the contract. Staff recommends amending the current contract with All City Management Services, Inc., to increase the not-to-exceed contract amount and add a contingency option should additional crossing guard services or unforeseen circumstances arise over the remaining years of this five year contract. Stanford Avenue/Escondido Road: After a traffic incident in September 2023 near Escondido Elementary School, neighbors and Escondido parents expressed concern for traffic safety on surrounding streets. The Police Department and Office of Transportation examined the traffic conditions through various means and determined the addition of another crossing guard was warranted and was immediately placed in service2. This guard location will remain for the remainder of the contract term with All City Management Services, Inc. The cost for this location increases the total contract by $117,858. East Meadow Drive/Cowper Avenue: Citing numerous safety concerns at the intersection of East Meadow Drive and Cowper Street, the Palo Alto Unified School requested to fund the crossing guard services until the end of the 2024/2025 school year, ending June 2025. Palo Alto Unified School District reimbursed the City of Palo Alto, in the form of a cost-sharing agreement, for guard services at East Meadow Drive and Cowper Avenue, until the conclusion of the 2024/2025 school year for a total amount of $34,447. Of this amount, $11,334 was paid to the City in FY 2024, staff recommends recognizing the remaining revenue from PAUSD of $23,112 in FY 2025. Due to ongoing traffic safety conditions, staff recommend this crossing be added until the expiration of this contract. The cost for this location increases the total contract by $110,911. 2 City/School Liaison Committee of the City of Palo Alto Meeting Minutes September 21, 2023 FISCAL/RESOURCE IMPACT STAKEHOLDER ENGAGEMENT ENVIRONMENTAL REVIEW ATTACHMENTS Attachment A: City of Palo Alto Contract #C24187853 Amendment FINAL APPROVED BY: Vers.: Aug. 5, 2019 Page 1 of 9 AMENDMENT NO. 1 TO CONTRACT NO. C24187853 BETWEEN THE CITY OF PALO ALTO AND ALL CITY MANAGEMENT SERVICES, INC. This Amendment No. 1 (this “Amendment”) to Contract No. C24187853 (the “Contract” as defined below) is entered into as of October 21, 2024 by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation, located at 10440 Pioneer Blvd., Suite 5, Santa Fe Springs, CA 90670 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing and perform crossing guard services, as detailed therein. B. The Parties now wish to amend the Contract in order to increase compensation by $228,768.00, for a new total amount of $4,149,632.64, and add additional contingency funding of 10% of the contract total, for a new not-to-exceed amount of $4,564,595.93 for additional crossing guards at new locations. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. C24187853 between CONSULTANT and CITY, dated August 7, 2023. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Four Million One Hundred Forty-Nine Thousand Six Hundred Thirty-Two Dollars and Sixty-Four Cents ($4,149,632.64). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. Docusign Envelope ID: 071E8B43-6185-4414-B112-E08419A16750 Vers.: Aug. 5, 2019 Page 2 of 9 Optional Additional Services Provision (This provision applies only if checked and a not- to-exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of Four Hundred Fourteen Thousand Nine Hundred Thirty-Two Dollars and Sixteen cents ($414,932.16) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Four Million Five Hundred Sixty-Four Thousand Five Hundred Ninety-Five Dollars and Ninety-Three cents ($4,564,595.93), as detailed in Exhibit C. “Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement. SECTION 3. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A” entitled “SCOPE OF SERVICES”, ADDED, AMENDED. Docusign Envelope ID: 071E8B43-6185-4414-B112-E08419A16750 Vers.: Aug. 5, 2019 Page 3 of 9 b. Exhibit “C-1” entitled “SCHEDULE OF RATES”, AMENDED, REPLACES PREVIOUS. SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. Docusign Envelope ID: 071E8B43-6185-4414-B112-E08419A16750 Vers.: Aug. 5, 2019 Page 4 of 9 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO _____________________________ City Manager APPROVED AS TO FORM: _____________________________ City Attorney or designee ALL CITY MANAGEMENT SERVICES By:______________________________ Name:___________________________ Title:____________________________ By:______________________________ Name:___________________________ Title:____________________________ Attachments: Exhibit “A” entitled “SCOPE OF SERVICES”, ADDED, AMENDED. Exhibit “C-1” entitled “SCHEDULE OF RATES”, AMENDED, REPLACES PREVIOUS. Docusign Envelope ID: 071E8B43-6185-4414-B112-E08419A16750 Baron Farwell President Demetra Farwell Secretary Vers.: Aug. 5, 2019 Page 5 of 9 EXHIBIT A SCOPE OF SERVICES AMENDMENT 1 - ADDED, AMENDED CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. 1. CONSULTANT Shall Provide or Perform the following: a. Provide crossing guard services at each location listed on “Crossing Guard Locations” on the days and during specific hours designated by the City b. Coordinate any location and schedule changes directly with the City c. Provide payroll and workers’ compensation coverage for all guards d. Provide training to all new hires e. Maintain a sufficient number of alternate guards and guarantee crossing coverage for absent or sick guards f. Supply all necessary equipment including signs, traffic vests, whistles and raincoats g. Submit invoices to the City of Palo Alto on a monthly basis for the number of hours worked by crossing guards during the previous month h. Maintain quarterly contact with the Police Department representative for quality assurance of the program 2. Crossing Guard Locations, Days and Hours: a. CONSULTANT shall be responsible for providing crossing guard services during the normal school year session and the summer school session. The normal schoolyear session is composed of 180 school days per year. The summer school session is composed of 19 school days per year. The exact dates that schools are in session are published and coordinated by the Palo Alto Unified School District. The most accurate calendar for verifying in-session days is on the School District’s website. b. CONSULTANT will provide crossing guard services on all days that school is in session, at the designated locations, during the designated hours. Currently, there are 30 (+/-1) intersections that require a crossing guard during the normal school year. The City will typically require crossing guards at 12 intersections during the Summer school session. The School District changes the summer school locations from year to year which will require the City to change the summer school crossing guard locations. The City of Palo Alto will notify the CONSULTANT in advance for summer school locations and times. c. The City reserves the right to add, delete or revise the crossing guard locations and times, provided that CONSULTANT is given 30 days written notification of any proposed changes. 3. CONSULTANT Shall Maintain the Following Minimum Standards for Crossing Guards: a. Must have a minimum of an eighth-grade education Docusign Envelope ID: 071E8B43-6185-4414-B112-E08419A16750 Vers.: Aug. 5, 2019 Page 6 of 9 b. Be able to read, write and speak English c. Be a minimum of 18 years old d. Not have any felony convictions, misdemeanor convictions involving crimes against children, or convictions involving any violent crime e. Not be a registered sex offender or narcotics offender f. Demonstrate the following abilities and characteristics; g. Minimum of average intelligence h. Good physical condition, including sight and hearing i. Mental alertness j. Neat appearance k. Good character l. Dependability m. Sense of responsibility for the safety of children n. Good verbal communication skills o. Familiarity with traffic rules and regulations 4. Appearance & Behavior a. Crossing Guards will not hold anything in their hands while working, except for their issued stop sign. An example of this would be the Crossing Guard’s cellphone. b. Crossing guards will use appropriate language and refrain from using profanity. c. Crossing Guards must at all times display visible picture identification showing they are an employee of the CONSULTANT d. Crossing Guards shall wear acceptable attire at all times which may be periodically subject to review by the City e. Crossing Guards shall wear their traffic vests at all times while performing crossing duties 5. CONSULTANT’s Supervisors Shall Perform the Following Duties: a. A local area supervisor shall be available at all times to see that guard activities are taking place at required locations and times. b. The supervisor shall assign schedules, monitor and supervise crossing guards when necessary and have a vehicle to travel to work sites. c. The supervisor shall visit each school site once a month. d. The supervisor must be available to the City returning phone calls as soon as possible but in all cases within 30 minutes. e. The supervisor must be available to respond to problems and/ or complaints. f. In addition to the minimum standards set forth above, the supervisor must have a minimum of a high school education and a valid California driver’s g. As requested, the area supervisor will provide pedestrian and bike counts for intersections. Docusign Envelope ID: 071E8B43-6185-4414-B112-E08419A16750 Vers.: Aug. 5, 2019 Page 7 of 9 6. Absent Crossing Guards a. CONSULTANT will maintain standard procedures that require crossing guards to notify the area supervisor if they will be tardy or absent for their shift. b. When crossing guards are absent, it is the responsibility of CONSULTANT and the area supervisor to staff the location with alternate personnel. c. The area supervisor shall immediately notify the Traffic Supervisor if there will be any delay or absence in providing intersection coverage. 7. Training and Orientation a. Training and orientation shall be provided prior to deploying any crossing guards. b. All training and orientation procedures shall be subject to the approval of the City of Palo Alto. 8. Crossing Guard Locations Ave 03:45 02:30 03:30 03:30 Dr 08:15 08:15 15 03:50 02:20 Docusign Envelope ID: 071E8B43-6185-4414-B112-E08419A16750 Vers.: Aug. 5, 2019 Page 8 of 9 03:30 02:20 08:30 08:30 03:30 02:30 Docusign Envelope ID: 071E8B43-6185-4414-B112-E08419A16750 Vers.: Aug. 5, 2019 Page 9 of 9 EXHIBIT C-1 SCHEDULE OF RATES AMENDMENT 1 - AMENDED, REPLACES PREVIOUS CONSULTANT’s schedule of rates is as follows: Docusign Envelope ID: 071E8B43-6185-4414-B112-E08419A16750 Dear Mayor and Council Members, On behalf of City Manager Ed Shikada, please see staff responses below for questions from Council Member Tanaka on the Monday, November 4 Council Meeting. Item 7: Approval of General Service Contract Number C25191700A with Northwest Woodland Services, Inc. in the Amount Not-to-Exceed $1,209,780 for the Open Space Trails and Amenities Capital Improvement Program Project (OS -00001) for a Period of Five Years. CEQA status – Categorically exempt. 1. What strategies were employed to ensure a robust bidding process that attracted qualified contractors, given the significant disparity in bids with Northwest Woodland Services’ proposal being over three times lower than the competing bid? How can we be sure this lower bid reflects both cost efficiency and the expected quality of services? Staff response: The procurement processed detailed in the staff report ensured a competitive bidding environment. In addition to being the low bid, Northwest Woodland Services, Inc. was chosen based on service quality, field staff experience, past performance with the City, and future service capacity, ensuring both cost efficiency and quality. 2. How does the City plan to address the risks of inflation and rising operational costs in a fixed five-year contract without cost escalation provisions, and what contingency measures are in place to ensure service quality isn’t compromised over time? Staff response: The fixed rate was proposed by the contractor. The contractor’s work will be monitored by Open Space Rangers to ensure quality of work. 3. What specific criteria will trigger the use of the 10% additional services fund, and how will the City ensure stringent oversight to prevent misuse or unanticipated budget overruns? Staff response: Additional services can be used for an extreme weather event(s) or for other unforeseen complexities during the five-year term, triggered when the day rate is exceeded. Additional services must be approved by the project manager. 4. What performance metrics will be established to monitor the contractor’s work throughout the contract, and how will these metrics inform future contract adjustments if standards are not met? Staff response: A project manager and Open Space Rangers will oversee and monitor the contractor’s work, ensuring adherence to performance standards and informing any necessary adjustments. Item 8: Approval of Contract Amendment Number 1 to Contract Number C24189849 with Ecology Action of Santa Cruz in the amount of $485,243 for the City of Palo Alto Safe Routes to School Bicycle and Pedestrian Life Skills Education Programs for Three Years (January 2025 - November 2027) for a new not-to-exceed of $625,211; CEQA status 15322 – categorically exempt (educational program). 1. How was the proposed cost of $485,243 determined, and what benchmarks were used to compare it to similar educational programs in other jurisdictions? Staff response: The cost proposal reflects the scope of work for three years, maintaining current service levels with minor curriculum updates. Ecology Action has delivered exemplary performance during the pilot program. This comprehensive programming is unique to Palo Alto, helping sustain and grow student active transportation. The proposal was evaluated based on their strong understanding of Palo Alto’s needs and their proven track record from the previous year. 2. Why was only one proposal received from Ecology Action, and what measures will the City implement to improve the procurement process and ensure competitive bidding in the future? Staff response: 175 firms were notified, but only one proposal was received. The City used its eProcurement platform and directly contacted three additional firms. A follow - up survey revealed that one cited timing, and two mentioned capacity constraints. 3. What specific metrics will be used to evaluate the program's success in improving student outcomes, and how will this information be reported to the Council and the community? Staff response: Pilot success metrics included timely deliverables, age-appropriate curriculum, and 92% teacher approval. These metrics—number of lessons, student participation, teacher satisfaction, and student safety outcomes —will continue to guide evaluation. Program performance will be reported to the Co uncil and the community. 4. What contingency plans are in place for potential funding shortfalls from Measure B, and how will the City ensure program continuity in the event of decreased funding? Staff response: The City plans to use Measure B Bicycle and Pedestrian Grant funds for FY 2025 and beyond. If funding decreases, the City will seek other funding sources. The Safe Routes to School Capital Improvement Project also serves as a backup, pending Council approval. Item 11: Approval of Amendment 1 to Contract Number C24187853 with All City Management Services, Inc. to Increase Compensation by $228,768 for Additional Crossing Guard Services and Add a Contingency of $414,933 for a New Not -to-Exceed Amount of $4,564,566; and Approve a Budget Amendment in the General Fund; CEQA status - Not a Project. 1. What specific metrics will be used to evaluate the effectiveness of the proposed $228,768 increase in contract costs, and how will we measure the expected reduction in traffic incidents at the new crossing guard locations? Staff response: Through the City’s Safe Routes to School program, pedestrian and bicycle tallies are measured through annual counts. Traffic collision data can also be analyzed after implementation. Guards serve an integral role to help promote City goals to encourage alternative transportation methods. 2. With the proposed increase extending financial obligations through August 2028, how will future budgets accommodate these ongoing costs, particularly after the PAUSD cost-sharing agreement ends in June 2025? Staff response: Please refer to the staff report; the City will bear the continued cost of maintaining the additional guard. 3. How will adding crossing guards affect the Police Department's resource allocation, and what measures ensure that public safety priorities are not compromised? Staff response: Presence of a crossing guard allows patrol and traffic officers to focus traffic enforcement on areas of more concern and general calls for service. 4. What community engagement has been conducted regarding this crossing guard program, and have alternative solutions like volunteer programs or traffic calming measures been considered? Staff response: Changes were spearheaded as a result of community engagement. The City/School Transportation Safety Committee, of which the Police are members, constantly interact with school PTA’s, PAUSD staff and local transportation safety representatives. Volunteer programs and traffic calming measures are not feasible.