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HomeMy WebLinkAboutItem 8.1 CrossGuardAgreement CI'TY CLERK File # AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 18, 2004 SUBJECT: Annual Contract Review: Crossing Guard Services Report Prepared by: Julie Carter, Assistant to the City Manager ATTACHMENTS: 1. 1995-96 Agreement between the City of Dublin and All City Management Services, Inc. (ACMS) for Crossing Guard Services 2. Resolution Authorizing Amendment to Agreement with All City Management Services, Inc. for the Provision of Crossing Guard Services. RECOMMENDATION: Adopt the attached Resolution and authorize the City Manager to  execute the amendment to the agreement with All City Management  Services, Inc. for the provision of crossing guard services for Fiscal Year 2004-2005. FINANCIAL STATEMENT: The estimated cost to fund crossing guard services for FY 2004- 2005 is $72,284. This cost reflects a maximum of 5,280 hours of contract service at the fixed rate of $13.69 per hour. No rate increase is proposed for Fiscal Year 2004-2005. 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 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 service was funded by the Dublin Unified School District (DUSD). 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, which serve four of the five public elementary schools. In Fiscal Year 1997-98, one additional crossing guard was added to serve the reopened Dublin Elementary School. It should be noted that in October of 1997, the City's transportation consultants, TJKM, conducted a study to evaluate pedestrian and vehicle traffic in the areas of Dublin and Nielsen Elementary schools. Pursuant to the study, only one of the four locations evaluated technically warrants crossing guard services; however, the City Council voted to continue funding these services. During the budget process for Fiscal Year 2000-2001, ~2001-2002, 2002-2003 and 2003-2004 the City Council authorized additional funding for one crossing guard at Dougherty Elementary School in eastern COPIES TO: Baron Farwell, ACMS DUSD ~ [~ ITEM NO. ~ Dublin, however, no additional guard services were required. During Fiscal Year 2004-2005 City Staff is recommending that the City place a crossing guard at the corner of Aspen and Central Parkway to serve Dougherty Elementary during the 2004-2005 school year. In addition, as requested by the City Council during the Fiscal Year 2003-2004 Budget Hearing, Staff contacted the Dublin Unified School District to inquire about crossing guard service needs during summer school sessions. The DUSD requested summer crossing guard coverage at Amador Valley Boulevard and Burton Street to serve Fredricksen Elementary, providing 19 days of coverage. This request is supported by information provided by the City's Traffic Engineer regarding the subject location. Currently, school year crossing guard services are provided 180 days per year, for approximately 4 hours per day. This schedule is based on the Dublin Unified School District's annual school calendar. The current and proposed crossing guard locations are as follows: 1. San Ramon Rd. and Shannon Ave. 2. Amador Valley Blvd. and Burton St. 3. Silvergate Dr. and Amarillo Rd. 4. Amarillo Rd. and Alegre Dr. 5. Bonniewood Lane and Davona Drive 6. Shannon Ave. and Vomac Rd. Proposed site for Dougherty Elementary beginning Fall 2004: 7. Aspen/Cerrtral Parkway Proposed annual Summer School coverage beginning Summer 2004: 8. Amador Valley Blvd. and Burton St. Current Contract Performance - All Ci~, Management All City Management Services, Inc. provides a variety of traffic and safety-related services including crossing guard services, parking enforcement and traffic control to public agencies. 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 opened a satellite office in Dublin. The City of Dublin has 1 - Area Supervisor and 1 - Field Supervisor assigned to monitor the activities of crossing guards. ACMS has submitted a proposal to continue to provide crossing guard services to the City of Dublin in 2004-2005. 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. The estimated, cost to provide the current level of service for Fiscal Year 2004-2005 is $72,284. This number is based on 5,280 hours of contract service at the rate of $13.69 per hour. For a third year, ACMS is holding a price freeze at the $13.69 per hour rate. 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 2003-2004. 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 a well-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: Consistent with previous contract reviews, Staff has evaluated the cost effectiveness of the services currently being provided by ACM. Staff recommends that the City Council adopt the attached Resolution and authorize the City Manager to execute an amendment to the agreement with All City Management Services, Inc. for the provision of crossing guard services. ALL C1'T¥ O,F DUBLIN AGREEMENT BETWEEN THE CITY OF DUBLIN AND ALL CITY'MANAGEMENT SERVICES, INC. FOR CROSSING GUARD SERVICES THIS AGREEMENT made and entered into this July ist, 1995, by and between the CiTY OF DUBLIN, a municipal corporation, hereinafter called the "City", and ALL CITY MANAGEMENT SERVICES, INC., .hereinafter called the "Contractor"; VViTNESSETH 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,/i996, and for such term thereafter as the parties may agree upon. 2. The Contractor is an independent contractor and the .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 the City Manager or such person as the City Manager may designate. 4. The City shall notify Contractor in writing of hours and locations when and where guards shall, be furnished bY the Contractor. 5. The Contractor 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 this Agreement. 6. The 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 shall provide personnel properly trained' as herein specified for the performance of duties of Crossing Guards. in the performance of their duties the Contractor 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 Dublin. 8. The Contractor shall train, schedule, provide, and supervise personnel in accordance with the contract and the rules and regulations of the City of Dublin. Crossing Guards shall perform their duties as trained and within the City's rules for such guards. ATTACHMENT OALL CITY MANAGEMENT SERVICES, INC'. 9. Persons provided by the Contractor as Crossing GUards shall be trained.by the laws and codes of the State of California and the City of Dublin pertaining to general pedestrian safety and school crossing areas. 10. Crossing Guard Services shall be provided by the Contractor at the designated locations and at the designated hours on all days on which the designate'd schools in the City. of. Dublin, are in session. 11.. The Contractor shall provide ali Crossing Guards with apparel by which they are readily visible and easily recognized asCrossing 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 appareJ 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. Apparel and equipment shall be pre-approved by the City Manager or the designee. 12. 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 an Acord Certificate of Insurance naming the City as an additional insured. Such insurance shall include commercial general liability with a combined single limit of not less than $5,000,000.00 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 employees of the City. Such .insurance shall not. be cancelled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice by Certified Mail, Return .Receipt Requested 'has been given to the City Manager, ordesignee for'the City of Dublin. 13. Contractor agrees to indemnify and defend the City, 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 agents, employees, 'subcontractors, or invitee, in performing the services provided for herein. a) Contractor Will defend any.aCtion or actions filed in connection with ar~ of said claims, damages, penalties, 0bligatioas or liabilities and'willl pa~,~all- costs and expenses including attorney's fees incurred, in connection ~herewith. O ALL CITY-.MANAGEMENT SERVICES-, 7[.NC. b) Contractor will promptlY pay' any judgement rendered against City, its 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 City, its officers, agents, or employees, any and all costs and expenses incurred by City, its officers 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. 15'. 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-Nine Cents ($11.79.) per hour of guard services provided. It is understood and agreed that the cost for providing Four Thousand and Fifty hours (4,050) of services shall not exceed Fourty-Seven Thousand Seven Hundred Fourty-Nine 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 wii be reduced to approximately $10.79. 17. In the event that this Agreement is extended beyond June 30,-1996, the compensation for services shall be established by mutual written Agreement. ALL MANAGEMEN~T SERVICES, INC. CITY IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CiTY OF DUBLIN municipal corporation Attest by: ALL CITY MANAGEMENT SERVICES, INC. (..~"B~'arweli, Vi6~reside~t RESOLUTION NO. XX- 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH ALL CITY MANAGEMENT sERvICES, INC. FOR THE PROVISION OF CROSSING GUARD SERVICES 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, 2004- June 30, 2005. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to execute an amendment to the agreement attached as Exhibit A and by reference made a part hereof, with All City Management Services, Inc. for the provision of crossing guard services within the City of Dublin. PASSED, APPROVED AND ADOPTED this 18th day of May, 2004. AYE S: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ATTACHMENT 2 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 2003-2004 fiscal year beginning July 1, 2004 through June 30, 2005. 2. Item #17 The City agrees to pay Contractor for services rendered pursuant to .the Agreement the sum of Thirteen Dollars and Sixty-Nine Cents, _. ($13.69) per hour of guard service provided. Itis understood that the cost of providing five-thousand, two-hundred and twenty hours (5,280) _- of service shall not exceed Seventy-Two Thousand, Two Hundred and Eighty-Four Dollars ($72,284.00). 3.' 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 All City Management~ Services, Inc. B~ Signature /. Ba Print Name and Title Date Date March 17, 2004 By. Signature Print Name and Title Date EXHIBIT A