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HomeMy WebLinkAboutItem 8.2 Crossing Guard Agmt~~ -' -i~ C;' //, ~/~ SUBJECT: CITY CLERK File # ^®~° 0-~0 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 16, 2009 Annual Contract Review: Crossing Guard Services Report Prepared by: Kurt von Savoye, Lieutenant ATTACHMENTS: 1. 1995-96 Agreement between the City of Dublin and All City Management Services, Inc. (ACMS) for Crossing Guard Services 2. Contract Renewal Letter from All City Management Services 3. Resolution Authorizing Amendment to Agreement with All City Management Services, Inc. for the Provision of Crossing Guard Services for Fiscal Year 2009-2010 RECOMMENDATION: Receive the report and adopt the Resolution authorizing the City Manager to execute an amendment to the agreement with All City ~~,~ Management Services, Inc. for the provision of crossing guard C^ ` services for Fiscal Year 2009-2010. FINANCIAL STATEMENT: The estimated cost to fund crossing guard services for FY 2009- 2010 is $100,816.00. This cost is based on a fixed rate of $15.38 per hour, which includes a 3% contract rate increase proposed for Fiscal Year 2009-2010. DESCRIPTION: The City of Dublin currently funds the provision of adult crossing guard services. Adult crossing guards are typically assigned where official supervision of elementary school aged pedestrians is desirable while they cross a public highway on the "suggested route to school." Further, pursuant to the State of California Traffic Manual, "adult crossing guards are a supplemental technique and not a traffic control device," Section 10-07.2. The City has funded crossing guard services since Dublin's incorporation in 1982 with the exception of school year 1993-94 when the Dublin Unified School District (DUSD) funded the service. The City has provided this service under contract with various agencies, including Alameda County Department of Public Works, TSU Temporary Staffing, and with the current provider All City Management Services, Inc. The City of Dublin currently provides crossing guards that serve all six public elementary schools. A comprehensive review of the City's crossing guard services was conducted by the City's Traffic Engineer during Fiscal Year 2005-2006. Prior to the 2008-2009 school year, the decision was made by the Dublin Unified School District to close Nielsen Elementary. The District shifted most of the students attending Nielson Elementary to Dublin Elementary. This closure initially negated the need for the crossing guard serving Nielson Elementary at the intersection of Amarillo Road and Alegre Drive. Following a traffic COPIES TO: Baron Farwell, ACMS DUSD d ~""7 , ITEM NO. D v i ~~ 3 survey, the displaced crossing guard was reassigned to the intersection of Oak Bluff Lane and Newfields Lane to serve Green Elementary School. Under the existing service levels, crossing guard services are provided at nine separate locations, for four hours per day, 180 days per year, throughout the regular school year. The current crossing guard locations are as follows: 1. Aspen & Central Parkway (Dougherty Elementary) 2. Shannon Ave. and San Ramon Valley Blvd. (Dublin Elementary) 3. Shannon Ave. and Vomac Rd. (Dublin Elementary) 4. Antone Way and Grafton (Green Elementary) 5. South Dublin Ranch Drive & Woodshire Lane (EM Fallon School) 6. Gleason and Tassahara (EM Fallon School) 7. Amador Valley Blvd. and Burton St. (Fredricksen Elementary) 8. Oak Bluff Lane and Newfields Lane.(Green Elementary) 9. Bonniewood Lane and Davona Drive (Murray Elementary) Summer School Coverage: Additionally, during the summer school session, crossing guard coverage. is provided at one location three hours daily, covering approximately 25 school days. 1. Tassajara and Gleason. (Fallon Middle School)* * Site for 2009 elementary summer school session. Current Contract Performance -All City Management All City Management Services, Inc. (ACMS) provides a variety of traffic and safety-related services including crossing guard services, parking enforcement and traffic control to public agencies. The City of Dublin has contracted with ACMS since July 1, 1995. ACMS is headquartered in Los Angeles and serves numerous cities in Northern and Southern California. In response to the increased demand for crossing guard services in Northern California, ACMS has assigned additional personnel to the area. Dublin is currently assigned one Area Supervisor and one Field Supervisor who monitor the activities of crossing guards. ACMS has submitted a proposal to continue to provide crossing guard services to the City of Dublin in Fiscal Year 2009-2010 (Attachment 2). The proposed services involve the direct provision of adult crossing guards, along with all administrative .support for the program, including personnel recruitment, training, supervision, and payroll functions. In Fiscal Year 2008-2009 ACMS froze their contract rates at 2007-2008 levels. ALMS has proposed a 3% increase in their contact rate for Fiscal Year 2009-2010, which represents the first increase in contract service rates since Fiscal Year 2007-2008. The estimated cost to provide the current level of service for Fiscal Year 2009-2010 is $100,816.00. This number is based on 6,555 hours of contract service at the rate of $15.38 per hour. During the February 17, 2009 City Council meeting, the City Council reviewed afollow-up report on Traffic Safety Measures that include five (5) potential measures to enhance safety at the intersection of Oak Bluff Lane and North Dublin Ranch Drive, including the possibility of adding a crossing guard. Staff indicated at that time that a higher service level in the Fiscal Year 2009-2010 budget would be prepared for City Council consideration. Due to the fact that the citywide Traffic Calming Study is underway, Staff is recommending that a decision on the placement of an additional crossing guard be deferred at this time. ads Consistent with previous contract reviews, Staff has evaluated the cast effectiveness of the services currently being provided by ACMS. Staff believes that ACMS has done a good job of coordinating this program. The City has received no complaints regarding the services provided during Fiscal Year 2008- 2009. The contractual agreement with ACMS appears to be the most cost effective and efficient manner in which to provide the school crossing guard services. The ability to utilize awell-established program with a sufficient pool of qualified personnel benefits the community. In addition, the individuals assigned to the City of Dublin are adequately trained and supervised. RECOMMENDATION: Staff recommends that the City Council receive the report and adopt the Resolution authorizing the City Manager to execute an amendment to the agreement with All City Management Services, Inc. for the provision of crossing guard services for Fiscal Year 2009-2010. 3~3 ~~ ~ ~ _ r+~ ~.LL CI 1 ~' ~~~~~~ ~~ S ~~~ ICES , IN C . J~J~ ~ ~ 1~~~ ~~ AGP.~_M~hiT aETt~EN THE cl T Y of ©uauN ~~~ ~~ ~~~~~~~~ Ai~D ALL CITY i1liANAGEIVIEN T SEP.VICES, INC. FOP. C~QSSING GUARD SERVICES THIS AGP.EEiViENT made and entered into this July 1st, 1995 , by and between-the CITY OF DUBLIN, a municipal corporation, hereinafter called the "City" and ALL Cl T Y MANAGEtV1ENT SERVICES, lNC., hereinafter called the "Contractor'; ~ T NESSE T [~ The parties hereto have mutually covenanted and agreed as follows: 1. This Agreement is for a period of time which commences July 1st., 1995 ,and ends on June 30, 1996, and for such term thereafter as the parties may agree upon. 2. The Contractor is an independent contractor and fihe guards to be furnished by it shall at all times be its employees and not those of the City. 3. The City's representative iri dealing with the contractor shall be the City i~i€anager or such person as the City manager may designate. 4. The City shat{ notify Contractor in writing of hours and locations when and where guards sha[l be furnished by the Contractor. 5. The ConL actor shall provide supervisory personnel to see that guard activities are taking place at the required places and times, and in accordance with all items of th is. Agreement. 6. l"he Contractor-shall maintain adequate reserve personnel to be able. to furnish alternate guards in the .event that any person fails to report for work at the assigned time and location. 7. The Contractor shalt provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties the Contractar and employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of California and the City of Dubin. 8. The Contractor -shall train, schedule, provide, and supervise personnel in accordance with the contract and the rules and regulations of the City of l?ublin. Crossing Guards shall perform their duties as trained and within the City`s rules for such guards. %~,~~~a ~~1~rr 1~ ATTAC~NT ~ v ~ a~~ ` ' ~ ~~, ~~~'Y I~1~~A.GEI`/~I`~T S ~~V~~ES, ~N~. g. Persons provided by the C©ntractor as Crossing wards shall be trained by the faros and codes of the State of California and the City or Qubfin pertaining. to general pedestrian safety and school crossing areas. 1 ~. Crossing Guard Services shall be provided by the Contractor at tf ie designated locations and at the designated hours on afI days on which the designated schools in the Ciry of f3ub(in, are in session. 1 'I . The Contractor shelf provide aII Crossing Guards with apparel by which they are rEadily visible and e?sily recognized as Crossing Guards. Such apparel shall be uniform r"or all persons performing the duties of Crossing Guards and shall be worn at a{I times while performing said duties. This apparel must be appropriate for weather conditions.. - he Contractor shall- also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary. Apparel and equipment shall be pre-approved by the City Manager or the designee. 12. The Contractor shat[ at al! times provide workers' compensation insurance covering its employees, and shall provide and maintain liability insurance for Crossing ^vuard activities. The Contractor-will provide to the City an Acord Certificate of Insurance naming-the City as an additional insured. Such insurance shall include commercial .genera( liability with a combined single Limit of not less than ~5,000,OgQ.OQ per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance- maintained by the City and shall not call- on the City's insurance .contributions . Such insurance shall be endorsed for contractual liability and personal iniury and shall include tb~e City, ifs officers, agents and employees of the City. Such insurance shall not be cancelled, reduced in coverage or limits or Wort-renewed except after thirty (30) da}~s written notice by Certified Mail, Return Receipt Requested has been given to the City Manager, or designee r"or the Ciiy of aubiin. 13. Contractor agrees to indemnify and defend the Cfty, its Officers, employees and agents against, and will hold -and save them and each of them harmless from, any and all actions, claims damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors, or omissions of Contractor, its accents, employees, subcontractors,. or irvftee, in performing the services provided for herein. a) Contractor wilt defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and willl pay all costs and expenses including attorney°s fees inc:arred in connection herewith. ~~~ ALL CI i ~ 1VL~ N~" ~EI~NT SE~~ICES, II~C. b) Contractor will promptly pay any judgement rendered against City, iEs officers, .agents or employees for any such claims, damages, penalties, obligations or liabilities. c) in the event City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other. claims arising out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees to pay Ciry, its officers, agents, or employees, any and all costs and expenses incurred by City, its ofrlcers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney`s fees. 14. City shall have the right to cancel this Agreement by giving written notice. The Contractor shall have the right to cancel this Agreement by giving thirty (30} days written notice to the City. ~ 5. The Contractor shall not have the right to assign this Contract to any other person or firm except with the consent of the City. 16. The "City agrees to pay the Contractor for the services rendered pursuant to this Agreement the sum of Eleven Dollars and .Seventy-line Cents ($11.79) per hour of guard services provided. !t is understood and agreed that the cost for providing Four Thousand and Frty hours (4,Q50) of services shall not exceed Fourty-Seven Thousand Seven Ffundred Fourty-Dine Dollars ($47,749.00). During the term of this Agreement if Contractor provides Crossing Guard services to the Cities of Concord, Walnut Creek and Pleasanton the Cities' hourly rate wil be reduced to approximately $10.79. ~7. fn the event teat this Agreement is extended beyond dune 30, 199n, the compensation for services Shall be established by mutual written Agreement . v ~ ~.~ ~ ~~ 1 ~' T~~.I~TAC~~l~!^EI`~T'I' S~~`r~IC~S, ~I~IC. Ifs Wi'Th1ESS WEiE~E©i=, the parties herein Dave opecuied Phis Agr~emeni the day and year first above written. C1"i"Y OF DElBLfN munici~a! ccrporai'ron By ~/ r'" " Nl~f~~5'z Aiiesi by: J ~~ GFfT LARK ALL C6"i"Y ItliAfvAGEMi=f~T S~FZVICES, 1NC. S ~ Y ~--~ arwell, ~%ic~resicieni May 28, 2009 Lt. Kurt Von Savoye City of Dublin 100 Civic Plaza Dublin, CA 94568 Re: Pricing for 2009-2010 Fiscal Year Dear Lieutenant Von Savoye As per your request, enclosed you will find two (2) partially executed Amendments to our contract with the City. After the necessary signatures have been affixed, please send us an original for our records. Thanks again. If you have any questions please feel free to contact Baron Farwell at (800) 540-9290. S'ncer , e tra Farwell Co o to Secretary Enclosures 1749 S. La Cienega Blvd. • Los Angeles, CA 90035 •310-202-8284 •80 Amendment to Agreement between All City Management Services, Inc. and the City of Dublin for providing School Crossing Guard Services The City of Dublin hereinafter referred to as the "City", and All City Management Services, Inc., located at 1749 S. La Cienega Blvd., Los Angeles, CA 90035, hereinafter referred to as the "Contractor", mutually agree to amend the existing Agreement entered into on July 1, 1995 as follows: 1. Item #1 The City and the Contractor agree to extend the term of this Agreement for the 2009-2010 fiscal year beginning July 1, 2009 through June 30, 2010. 2. Item #17 The City agrees to pay Contractor for services rendered pursuant to the Agreement the sum of Fifteen Dollars and Thirty-Eight Cents, ($15.38) per hour of guard service provided. It is understood that the cost of providing Six-Thousand, Five-Hundred and Fifty-Five (6,555) hours of service shall not exceed One-Hundred Thousand, Eight-Hundred and Sixteen Dollars ($100,816.00). Except as provided for in Item #1 and Item #17, all other terms and conditions of the original Agreement and Amendments thereto between the City and the Contractor remain in effect. City of Dublin By Signature Print Name and Title Date ATTEST By Signature Date Corporate Secretary Date May 28, 2009 Print Name .and Title All City Management Services, Inc. 1~ ~ RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR THE PROVISION OF CROSSING GUARD SERVICES FOR FISCAL YEAR 2009-2010 WHEREAS, the City of Dublin uses adult crossing guards to ensure the safety of school children crossing streets; and WHEREAS, the City wishes to continue to contract with the firm of All City Management Services, Inc. to provide crossing guard services; and WHEREAS, the City and All City Management Services, Inc. have developed an agreement which details the scope and duties required; and WHEREAS, this agreement extends from July 1, 2009 -June 30, 2010. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to negotiate and execute an amendment to the agreement with All City Management Services, Inc. (Exhibit A) for the provision of crossing guard services within the -City of Dublin. PASSED, APPROVED AND ADOPTED this 16`h day of June, 2009. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATI'AC~IBIY'I' 3