City of Piedmont
COUNCIL AGENDA REPORT
DATE: November 7, 2022
TO: Mayor and Council
FROM: Sara Lillevand, City Administrator
SUBJECT: Consideration of a Contract with All City Management Services for Crossing Guard Services for an Amount Not to Exceed $262,311
RECOMMENDATION
Approve the attached contract with All City Management Services for all crossing guard services for a term which ends on June 30, 2024.
BACKGROUND
On March 8, 1999, the City of Piedmont entered into a contract with All City Management Services for crossing guard services. All City Management Services was contracted to maintain all aspects of the crossing guards including staffing, roster management, training, and administrative oversight. The Police Department functions as additional oversight ensuring the attendance of crossing guards at specific locations, contacting the All City Management supervisor in the rare occasions when there is a vacancy at a specific location and if necessary assigning Department personnel to fill in when a replacement cannot be provided for by the site supervisor. The Police Department also ensures the accuracy of billing on a monthly basis.
The City has signed several one-year agreements with All City Management Services and renewed such contracts annually over the past several years. All City Management Services provides updated per-hour pay rates and establishes a cumulative maximum dollar amount calculated by the number of staff hours at each crossing guard location.
FISCAL CONSIDERATIONS
The per-hour pay rate of $27.44 is consistent with the budgeted amount already approved by the City Council for the 2022-23 budget year. Section 2.154 (h) of the City Code provides an exception to the City’s bid procedures when another governmental entity has obtained a bid for services based on its own bidding procedures, the City may purchase the same or substantially the same services for the same amount of the bid to the other governmental entity or within 1% of such amount with the same provider. The proposed pay rate is the same rate which has been approved by the cities of Walnut Creek and Palo Alto for the same services.
The City Attorney has reviewed and approved the attached agreement.
ATTACHMENTS
All City Management Services Agreement for Crossing Guard Services By: Jeremy Bowers, Chief of Police
Agenda Report Page 2
1 AGREEMENT FOR CROSSING GUARD SERVICES
This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated June__, 2022 and is between the CITY OF PIEDMONT (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, 2022 and ends on June 30, 2024 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”.
Contractor will perform fingerprint and criminal background checks on all prospective personnel.
Such fingerprint and criminal background checks shall be in accordance with the Department of Justice fingerprint and criminal investigation requirements. 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 the Piedmont Police Department.
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. Collectively, the personnel, oversight and services provided by Contractor under this Paragraph are subsequently referred to in this Agreement as the “Services”.
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.
Agenda Report Page 3
2 8. Crossing Guard 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 Police Department’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 as required by the State of California, with statutory limits, covering its employees and shall provide and maintain general commercial and automobile liability insurance for Crossing Guard activities. The Contractor will provide to the City a certificate of insurance naming the City of Piedmont and its City Council, officials, officers, agents and employees as additional insureds. Coverage shall be at least as broad as:
a) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
Such insurance shall be primary with respect to any insurance maintained by the City, which shall be Excess of the Contractor’s insurance and shall not contribute with it. Such insurance shall not be Cancelled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the City. The Contractor hereby grants to the City of Piedmont a waiver of any right to subrogation which any insurer or surety of said Contractor may acquire against the City of Piedmont by virtue of the payment of any loss under any insurance policy or bond.
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 sole 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 attorney's fees incurred in connection herewith.
b) Contractor will promptly pay any judgement rendered against the City, its officers, agents, or employees for any such claims, damages, penalties, obligations or liabilities.
Agenda Report Page 4
3 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 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 attorney's 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 City, liability will be apportioned between Contractor and City based upon the parties’ respective degrees of culpability, as determined by the court, and Contractor’s duty to indemnify 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 $10,000,000 (Ten Million Dollars).
f) Nothing herein is intended to serve as a waiver of sovereign immunity by any City or political subdivision to which sovereign immunity may be applicable.
12. Either party shall have the right to terminate this Agreement by giving one hundred twenty 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.
14. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Twenty-seven Dollars and Forty-four Cents ($27.44) per hour, per Crossing Guard during the term. Notwithstanding any provision to the contrary, total compensation from the City to the Contractor for the Services under this Agreement shall not exceed One Hundred Thirty Thousand, Three Hundred Ninety-five Dollars ($130,395.00) for the 2022/2023 school year.
The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Twenty-seven Dollars and Seventy-six Cents ($27.76) per hour, per Crossing Guard during the term. Notwithstanding any provision to the contrary, total compensation from the City to the Contractor for the Services under this Agreement shall not exceed One Hundred Thirty-one Thousand, Nine Hundred Sixteen Dollars ($131,916.00) for the 2023/2024 school year.
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 City with 60 daysnotice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt.
Agenda Report Page 5
4 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 by written amendment. 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]
Agenda Report Page 6
5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below.
CITY CONTRACTOR
City of Piedmont All City Management Services, Inc.
By_____________________________ By______________________________ Signature D. Farwell, Corporate Secretary
_____________________________
Print Name and Title
Date____________________________ Date____________________________ Agenda Report Page 7