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HomeMy WebLinkAboutItem 4.7 - 2593 Agreement with All City Management Services Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: May 7, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Agreement with All City Management Services Prepared by: Victor Fox, Lieutenant Dublin Police Services EXECUTIVE SUMMARY: The City Council will consider an agreement for crossing guard services with All City Management Services. STAFF RECOMMENDATION: Adopt the Resolution Approving the Agreement with All City Management Services, Inc. for the Provision of Crossing Guard Services for Fiscal Year 2019-20. FINANCIAL IMPACT: The cost to fund crossing guard services in Fiscal Year 2019-20 is $219,471.16, an increase of $29,341.93 over Fiscal Year 2018 -19. This allows for up to 14 crossing guard locations, as well as summer school coverage at one elementary school site. Sufficient funding for these services is included in the Fiscal Year 2019 -20 Budget. The City will be reimbursed by the Dublin Unified School District for two of these crossing guards estimated at $31,000. DESCRIPTION: All City Management Services, Inc. (ACMS) provides a variety of traffic and safety related services including crossing guards, 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 pers onnel to the area. The City of 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 Dublin in Fiscal Year 2019-20 (Attachment 2). The proposal includes the direct provision of crossing guards, along with administrative support for the program including Page 2 of 2 personnel recruitment, training, supervision, and payroll functions. Included in Attachment 2 are the calculations of ACMS’ new hourly wage rate and proposed service hours for Fiscal Year 2019-20. The following table summarizes the changes as compared to the prior year: FY 2018-19 FY 2019-20 Change Service Hours 9,417 10,156 739 Hourly Rate $20.19 $21.61 $1.42 Total $190,129.23 $219,471.16 $29,341.93 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving the Agreement with All City Management Services Inc. for the Provision of Crossing Guard Services for Fiscal Year 2019-20 2. Exhibit A to the Resolution - Agreement with All City Management Services, Inc. for Crossing Guard Services, ACMS Hourly Wage Increase Letter and ACMS Client Worksheet ATTACHMENT 1 RESOLUTION NO. XX - 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING THE AGREEMENT WITH ALL CITY MANAGEMENT SERVICES, INC. FOR THE PROVISION OF CROSSING GUARD SERVICES FOR FISCAL YEAR 2019-20 WHEREAS, the City of Dublin uses adult crossing guards to ensure the safety of schoolchildren crossing streets; and WHEREAS, the City of Dublin wishes to continue to contract with the firm All City Management Services, Inc. to provide crossing guard services for Fiscal Year 2019-20. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Agreement (attached hereto as Exhibit A) with All City Management Services, Inc. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 7th day of May, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk ALL �TTY MANMGEMLNT NERV cryN March 26, 2019 Lt. Victor Fox Dublin, City of 100 Civic Plaza Dublin, CA 94568 It is once again the time of the year when many agencies are formulating their budgets for the coming fiscal year. Toward that end, please allow this letter to serve as confirmation of our interest in extending our agreement for Crossing Guard Services through the 2019-2020 fiscal year. With the robust economy Northern California has enjoyed for several years our ability to recruit and staff Crossing Guard positions has progressively declined. Currently up to 40% of our new recruits find a better paying part-time job within a month of starting. We are typically faced with the dilemma of other part-time job opportunities offering wages well above minimum wage rate without the task of going back and forth to work 2 times a day. Couple that with the inherent risks a Crossing Guard takes everyday and it clearly becomes the less desirable choice. In many areas in Northern Cal our workforce has been displaced by unaffordable rents. This often requires that Crossing Guards travel a distance to their site either 2 or 3 times per day. The rate we are proposing for the 2019-2020 year is $21.61 per hour. Our price increase request is based on all the factors previously stated and our efforts to effectively recruit and retain a viable workforce. To facilitate the calculation of the annual cost of your Crossing Guard program we have developed and included with this letter a Client Worksheet. This Worksheet is our best estimation of the hours and cost of your program as it exists currently. While we remain committed to providing a safe, cost-effective and professional School Crossing Guard Program we hope you will find this new pricing acceptable. If you have any questions or need additional information, please contact me at (800) 540-9290. Take care. Sincerely, )e �aeG�u• Corporate Secretary ``Keeping Children Safe" L? IOidU Y►nnccr Ul�•d.. Suite 5, Santx I�r 5prin@a, C'A SrUG7U N (AUt)) SiO�)2�X) � (8tX)) 49U-1U59 � aCmSsa[Cty.CUm All City Management Services Inc. Client Worksheet 2019 - LOAN Department: 3701 Billing Rate for 2019/LOAN: $21.61 KEY: Traditional Calendar: For sites with no regularly scheduled early release days, use 180 regular days Summer School For schools with Summer School sessions use 19 days Sites with traditional calendar: City of Dublin 100 Civic Plaza Dublin, CA 94568 56 180 $21.61 = $217,828.80 14 Sites at 4.0 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate Summer School Sites: Estimate based on Summer School 2018 1 Site at 4.0 hrs per day Total Hrs/day X days/yr X Hourly Billing Rate TOTAL PROJECTED HOURS 10156 TOTAL ANNUAL PROJECTED COST $219,471.16 AGREEMENT FOR CROSSING GUARD SERVICES This AGREEMENT FOR CROSSING GUARD SERVICES (the "Agreement") is dated , 2019 and is between the CITY OF DUBLIN (hereinafter called the "City" and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor"). WITNESSETH The parties hereto have mutually covenanted and agreed as follows: 1. This Agreement is for a term which commences on or about July 1, 2019 and ends on June 30, 2020 and for such term thereafter as the parties may agree upon. 2. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. The Contractor is an independent Contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City. 3. The City's representative in dealing with the Contractor shall be designated by City. 4. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor. The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement. 5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. 6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed. 7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school crossing areas. 1 8. Crossing Guard Services (the "Services") shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under the City's jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling. 9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary. 10. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide and maintain liability insurance for Crossing Guard activities. The Contractor will provide to the City a Certificate of Insurance naming the City and its officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $1,000,000.00 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 injury and shall include the City, its officers, agents and interest of the City. Such insurance shall not be canceled, reduced in coverage or limits or non -renewed except after thirty (30) days written notice has been given to the City. 11. Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a "Claim" and collectively, the "Claims") that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees. a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorneys fees incurred in connection herewith. b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. c) In the event the 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 the City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorneys fees. d) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of the City, liability will be apportioned between Contractor and the City based upon the parties' respective degrees of culpability, as determined by the court, and Contractor's duty to indemnify the City will be limited accordingly. e) Notwithstanding anything to the contrary contained herein, Contractor's indemnification obligation to City for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor's general liability and umbrella insurance policies in the amount of $9,000,000 (Nine Million Dollars). 12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party. 13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City. ] 4. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Twenty -One Dollars and Sixty -One Cents ($21.61) per hour, per Crossing Guard during the term. The cost of providing 10,156 hours of service shall not exceed $219,472.00. 15. Payment is due within thirty (30) days of receipt of Contractor's properly prepared invoice. 16. Contractor may request a price increase during the term as a result of any legally -mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor's employees would be subject. Contractor shall provide the City with 60 days -notice of its request to increase pricing. The City agrees to review and respond to said notice within 30 days of receipt. 17. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties. 18 This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect. [SIGNATURES FOLLOW ON NEXT PAGE] 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below. City of Dublin 13y Signature Print Name and Title Signature Print Name and Title Date All City Management Services, Inc. D. Far��oll, Co�(porate Secretary Date April 15, 2019