Loading...
CC SR 20210817 I - School Crossing Guards CITY COUNCIL MEETING DATE: 08/17/2021 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to approve Amendment No. 1 to the All City Management Services agreement for school crossing guard services for the 2021-22 school year. RECOMMENDED COUNCIL ACTION: (1) Approve Amendment No. 1 to the All City Management Services (ACMS) agreement to provide crossing guard services at Dodson Middle School, Miraleste Intermediate School, Ridgecrest Intermediate School, and Silver Spur Elementary School during the 2021-2022 school year including the 2022 summer school session; and (2) Authorize the Mayor and the City Clerk to execute Amendment No. 1 for $92,818.62 with a contingency of $2,181.38, for a total of $95,000. FISCAL IMPACT: The amount of $95,000 is included in the Fiscal Year 2021-2022 operating budget. From that total, the City’s share of costs is 43% or approximately $40,850 for three Palos Verdes Peninsula Unified School District (PVPUSD) campuses. PVPUSD and Peninsula Education Foundation (PEF) reimburse the City for the balance of costs (57%), which is approximately $54,150, based on a previously approved formula. The City pays 100% of the crossing guard costs at Dodson Middle School, which is not reimbursed by LAUSD. Amount Budgeted: $95,000 Additional Appropriation: N/A Account Number(s): 101-400-3120-5101 $40,850 (General Fund – Traffic Management, Tech/Professional Services) 101-400-3120-5118 $54,150 (General Fund – Traffic Management, Reimbursable ) ORIGINATED BY: Lauren Ramezani, Senior Administrative Analyst REVIEWED BY: Ramzi Awwad, Director of Public Works APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Amendment No. 1 to the All City Management Services (page A-1) 1 BACKGROUND: For over three decades, the City has provided school crossing guard services at the following Palos Verdes Peninsula Unified (PVPUSD) and Los Angeles Unified (LAUSD) school sites in the City, shown in Exhibit 1 below. • One at Ridgecrest Intermediate School (PVPUSD) • Two at Silver Spur Elementary School (PVPUSD) • Three at Miraleste Intermediate School (PVPUSD) • One at Dodson Middle School (LAUSD) During summer school session, only Miraleste Intermediate School deploys crossing guards (two crossing guards due to lower student attendance) Exhibit 1 School Crossing Guard Locations 2 3 Traditionally four crossing guards were provided at two schools, Miraleste Intermediate School (3) and Silver Spur Elementary School (1). In 2016, the City Council approved the placement of three additional crossing guards at Ridgecrest Intermediate School (1), Silver Spur Elementary School (1) and Dodson Middle School (1). These additional guards were placed following requests by the respective school representatives, and the recommendation of the Traffic Safety Committee to the City Council after reviewing the results of a study conducted by a City’s traffic engineering consultant. Trained contracted crossing guards wear reflective safety vests and carry handheld stop signs to safely walk pedestrians (students and guardians) across the street(s) adjacent to the schools. The presence of crossing guards enhances the safety of pedestrians at those intersections. These services are provided at the peak school drop-off and pickup times every day when school has in-person sessions. DISCUSSION: The term of the current agreement concluded in July 2021. Therefore, a new agreement is needed to continue to provide crossing guard services for the upcoming 2021-2022 school year, including the 2022 summer school session. Staff has been working with PVPUSD and the City of Rolling Hills Estates (RHE) on a Memorandum of Understanding (MOU) for crossing guard services . The City of Palos Verdes Estates is not included because it uses its own public safety staff. The goal was to place the three separate agreements under one unified agreement and benefit from economies of scale and obtain a reduced group rate. However, the City has a past negotiated rate that is lower than the other agencies. If the City were to enter into a joint agreement at this time, the City’s negotiated rate would no longer apply, and the City’s costs would increase. For that reason, Staff recommends extending the current agreement for one year. Staff will continue to work with PVPUSD and RHE on a joint approach to reduce overall costs for all agencies in future years. The City will continue to provide crossing guard services at Dodson Middle School through a separate stand -alone agreement regardless of a joint approach with PVPUSD and RHE. The proposed amendment between the City and the current vendor, All City Management Services (ACMS), would extend the term of the Agreement by one school year, including the summer school session, to July 31, 2022. The proposed amendment continues to place the same number of school crossing guards at the same l ocations and during the same times as the existing agreement. PVPUSD will also continue to pay for its share of costs (Attachment A). The contract amount is $92,818.62 with a contingency of $2,181.38, for a total of $95,000. The contingency is in case of unanticipated school calendar changes (e.g., tiered student attendance per day), special school events, and/or traffic-related issues adjacent to the schools. These may cause the guards to stay longer, or have extra shifts at their posts to assist students. 4 The City has a cost sharing arrangement with PVPUSD whereby PVPUSD reimburses the City for the costs of four crossing guards (two at Miraleste Intermediate School, one at Ridgecrest Intermediate School, and one at Silver Spur Elementary School). Additionally, during summer school, PEF reimburses the City 50% of the crossing guard costs because PEF sponsors the summer school programs. The City’s total anticipated share of costs is 43% per year, with the balance (57%) to be reimbursed by PVPUSD (school year) and PEF (summer school) respectively. The City pays 100% of the crossing guard costs at Dodson Middle School, which is not reimbursed by LAUSD. ADDITIONAL INFORMATION: ACMS requested the inclusion of a contract clause that apportions respective liability to the City in the event a court determines that liability was contributed to by the negligent act or omission, or willful misconduct of the City. Staff and the City Attorney’s Office believe that this is a reasonable request and the clause is proposed to be included in the agreement. CONCLUSION: Staff recommends approving Amendment No. 1 to the agreement with ACMS for school crossing guard services. The services are for the 2021-22 school year, including the 2022 summer school session, to continue to provide crossing guard services to enhance pedestrian safety while crossing the street(s) adjacent to schools during peak school drop- off and pickup times. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Do not approve the amendment. 2. Take other action, as deemed appropriate. 5 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACTUAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the CITY OF RANCHO PALOS VERDES (“City”) and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (“Consultant”) is effective as of August 17, 2021. RECITALS A. City and Consultant entered into a certain Agreement for Professional Services dated May 15, 2018 (“Agreement”) whereby Consultant agreed to provide professional school crossing guard services (the “Services”) through July 31, 2021, for a Contract Sum not to exceed of $252,250. B. City and Consultant now desire to extend the Term of the Agreement by one additional year through July 31, 2022, and to increase the Contract Sum by $95,000 to a total not to exceed of $347,250 for the term of the contract. TERMS 1. Contract Changes. The Agreement is amended as provided herein. (Deleted text is indicated in strikethrough and added text in bold italics.) a. Section 2.1, Contract Sum, is amended to read: “Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed $95,000 for school year 2021-22 including 2022 summer school, for a total of $347,250 (Three Hundred Forty Seven Thousand Dollars and Two Hundred and Fifty Dollars and Zero Cents) $252,250 (Two Hundred and Fifty-Two Thousand Two Hundred and Fifty Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8” b. Section 3.4, Term, is amended to read: “Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding July 31, 2022 one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).” c. EXHIBIT “A”, Scope of Services and EXHIBIT “A-1”, Map - Amendment No. 1, is replaced with EXHIBIT “A” and “A-1”, Scope of Services, and “A-1” -- , attached hereto and incorporated by reference. A-1 01203.0006/721370.1 EQG -2- d. EXHIBIT “B”, Special Requirements - Amendment No. 1, is amended to add: “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 City, liability will be apportioned between Consultant and City based upon the parties’ respective degrees of culpability, as determined by the court, and Consultant’s duty to indemnify City will be limited accordingly. “ e. EXHIBIT “C”, Schedule of Compensation – is replaced with EXHIBIT “C”, Schedule of Compensation -- Amendment No. 1, attached hereto and incorporated by reference. f. Section I of EXHIBIT “D”, Schedule of Performance -- Amendment No. 1, is amended to read: “Unless earlier terminated in accordance with Article 7 of this Agreement, the term of this Agreement shall be mid-August 2018 to end of Mid-July 2021 to July 31, 2022.” 2. Continuing Effect of Agreement. Except as amended by Amendments No. 1 and 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1 to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. A-2 01203.0006/721370.1 EQG -3- 5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] A-3 01203.0006/721370.1 EQG -4- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CITY OF RANCHO PALOS VERDES, a municipal corporation ____________________________________ Erik Alegria, Mayor ATTEST: _________________________________ Teresa Takaoka, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP _________________________________ William W. Wynder, City Attorney CONSULTANT: All City Management Services, Inc., a California corporation By: ________________________________ Name: Title: By: ________________________________ Name: Title: Address: ____________________________ ______________________________ ______________________________ Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. A-4 01203.0006/458260.3 A-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. A-5 01203.0006/458260.3 A-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES On __________, 2021 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to th e within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: _____________________________________ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER _______________________________ TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER_______________________________ ______________________________________ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) _____________________________________________ _____________________________________________ ___________________________________ TITLE OR TYPE OF DOCUMENT ___________________________________ NUMBER OF PAGES ___________________________________ DATE OF DOCUMENT ___________________________________ SIGNER(S) OTHER THAN NAMED ABOVE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. A-6 01203.0006/458260.3 A-3 Amendment No. 1 EXHIBIT “A” SCOPE OF SERVICES Consultant will perform Professional School Crossing Guard Services for the City of Rancho Palos Verdes from mid-August 2021, to July 31, 2022. Maps of the intersections and the approximate location of the Crossing Guards are attached as Exhibit “A-1.” • Consultant shall 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. Consultant is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not employees of City. • Consultant 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. The apparel must be appropriate for weather conditions. Consultant shall also provide all Crossing Guards with hand held Stop Signs and appropriate safety vest. • Consultant shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required place and times, and in accordance with all items of this agreement. • Consultant 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. • Consultant shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties the Consultant and employees of Consultant shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of California pertaining to general pedestrian safety and school crossing areas. • Consultant’s Crossing Guards shall keep a daily record of all relevant information and incidents, including weather conditions, start and end times of services, and any traffic accidents or pedestrian injuries that occur during the Services. These records shall be provided to City upon request. • Crossing Guard Services shall be provided by Consultant at such designated locations as shall be identified by City from time to time, and at the designated hours on all days on which designated schools in the City of Rancho Palos Verdes are in session. Seven locations will have Crossing Guards. One Crossing Guard per location. A-7 01203.0006/458260.3 A-4 • Each Crossing Guard will work a minimum of 3 hours per day, and in any event will cover both peak drop off and pickup times, no matter how long the services will be required. The typical peak times are between 7:15 AM to 8:15 AM, and pick up times are typically between 2:45 PM to 3:45 PM. Coverage times are subject to change dependent on school bell schedules and can vary from school to school. However, Consultant shall be responsible for adjusting the hours that services are provided based on observations of traffic patterns, and shall also stay informed of school events, holidays, and alternate scheduling (e.g., late-start days) that affect traffic patterns, and adjust service hours accordingly. • Crossing Guard services shall be provided every day that the appropriate Palos Verdes Peninsula Unified School District (PVPUSD) and Los Angeles Unified School District Schools are in session from mid-August 2021, to July 31, 2022, unless otherwise directed by City. • Services will be provided at the following locations: (1) Regular School Year: Dodson Middle School, Miraleste Intermediate School, Ridgecrest Intermediate School, and Silver Spur Elementary. Services will provided at seven (7) total intersections as shown on the maps in Exhibit “A-1.” (2) Summer School Session: Miraleste Intermediate School. Services will be provided at two (2) intersections as shown on the maps in Exhibit “A-1.” A-8 01203.0006/458260.3 A-5 Amendment #1 EXHIBIT “A-1” MAPS A-9 01203.0006/458260.3 A-6 A-10 01203.0006/458260.3 A-7 A-11 01203.0006/458260.3 C-1 EXHIBIT “B” SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) I. Section 5.3, Indemnification, is revised to read as follows and the language below supersedes and replaces the language in Section 5.3 of the Agreement of which this Exhibit forms a part (deletions in strike through, insertions in bold italics): To the full extent permitted by law, except as otherwise provided in this Section 5.3, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: (a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will, except as otherwise provided in this Section 5.3, pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to 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, legal costs and attorneys’ fees. Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. Notwithstanding the foregoing, the The provisions of this Section do not A-12 01203.0006/458260.3 C-2 apply to claims, or liabilities, costs or expenses, including legal costs and attorneys’ fees, to the extent occurring as a result of or arising from City’s sole negligence or willful or reckless acts or omissions., but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement. 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 City, liability will be apportioned between Consultant and City based upon the parties’ respective degrees of culpab ility, as determined by the court, and Consultant’s duty to indemnify City will be limited accordingly. A-13 01203.0006/458260.3 C-3 Amendment #1 EXHIBIT “C” SCHEDULE OF COMPENSATION I. Consultant shall perform the following Services at the following rates. These rates are inclusive of all equipment, materials, licenses and training necessary to perform the Services. Consultant will only be paid for actual days and hours worked, and will not be entitled to a flat weekly rate. The services are based on approximately 3,895 hours of work per school year, including summer school. A. 2021-2022 School Year (including 2022 Summer Session) • Crossing Guards Services: $23.91 /hour • Seven (7) Crossing Guards working 3 hours per day, is $502.11/day. • One Hundred and Eighty (180) School Days at $502.11/day, is $90,379.8 • Summer school tentatively eighteen (17) days with two (2) Crossing Guards, working 3 hours per day, is $2,438.82. • A contingency in the amount of $2,181.00 for unanticipated issues needing crossing guards at the schools. • Total compensation shall not exceed $95,000.00. II. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed $347,250 as provided in Section 2.1 of this Agreement. A-14 01203.0006/721370.1 EQG Amendment #1 EXHIBIT “D” SCHEDULE OF PERFORMANCE I. Consultant shall provide crossing guard services from mid-August 2021, until July 31, 2022. Services shall be provided on every day that appropriate schools are in session, unless otherwise directed by City. The PVPUSD and LAUSD 2021-2022 School Year Calendar (including Summer Session/Summer School calendar) shall be incorporated herein by reference at such time as they are completed by the PVPUSD and LAUSD. II. The Schedule may be revised by the Contract Officer pursuant to Section 3.2 of this Agreement. A-15 01203.0006/721370.1 EQG Amendment #1 EXHIBIT “D-1” PVPUSD’s Regular 2021-22 School Calendar A-16 01203.0006/721370.1 EQG Amendment #1 EXHIBIT “D-1” LAUSD Regular 2021-22 School Calendar A-17