RESOLUTION NO. -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH
AMERICAN GUARD SERVICES FOR THE PROVISION OF CROSSING GUARD SERVICES FOR THE 2022-2023 SCHOOL YEAR
RECITALS
A. WHEREAS, the City of Pleasant Hill (“City”) provides for school crossing guards for the safety of children going to and from schools; and
B. WHEREAS, staff conducted a diligent search for all firms that provide school crossing guards for the safety of children going to and from schools in the City’s region, and only identified two such firms: All-City Management Services, Inc. (“All-City”) and Cross Safe (“CS”) (collectively, the “Solicited Firms”); and
C. WHEREAS, proposals were solicited to provide crossing guard services for the City of Pleasant Hill for the 2022-2023 school year from the Solicited Firms; and D. WHEREAS, proposals were received from the Solicited Firms; and E. WHEREAS, All-City has provided a proposal that meets the criteria of the needed services at a lower rate than offered by CS; and
F. WHEREAS, the City wishes to contract with All-City to provide crossing guard services for an amount not to exceed $144,780 for the 2022 – 2023 school year; and G. WHEREAS, as stated in Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303, “[a] public entity's award of a contract, and all of the acts leading up to the award, are legislative in character. [T]he letting of contracts by a governmental entity necessarily requires an exercise of discretion guided by consideration of the public welfare.” H. WHEREAS, the City is empowered to award a contract that would otherwise require competitive bidding pursuant to Chapter 5.10 of the City Municipal Code without competitive bidding “where competitive proposals work an incongruity and are unavailing as affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form, competitive bidding is not applicable.” (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App. 3d 631, 636); and
I. WHEREAS, the City is contemplating the use of funds received in connection with the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) to fund this contract, which requires pursuant to 2 C.F.R.§ 200.320 that at least “price or rate quotations must be obtained from an adequate number of qualified sources” for an expenditure of the size described above and compliance with 2 C.F.R. Part 200 as set forth therein; NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that:
1. City staff (a) engaged in a diligent search for all firms that provide school crossing guards for the safety of children going to and from schools in the City’s region, (b) obtained proposals from allsuch firms, and (c) proposes that the City Council award the contract to the firm submitting the proposal that meets the criteria of the needed services at the lowest rate offered (collectively, the “Proposed Alternative Procurement”);
2. In light of the Proposed Alternative Procurement, competitive bidding pursuant to Chapter
5.10 of the City Municipal Code is not required because it would work an incongruity, would be unavailing as affecting the final result, and would not produce any advantage; and
3. The Proposed Alternative Procurement qualifies as “price or rate quotations […] obtained from an adequate number of qualified sources” pursuant to 2 C.F.R.§ 200.320; and
4. The City Manager is hereby authorized and directed to enter into the Agreement for Professional Services with All-City Management Services, Inc. attached hereto as Exhibit 1 (“Agreement”), subject to minor revisions, if any, approved by the City Manager and City Attorney to comply with applicable law or otherwise ensure eligibility for the funding of the Agreement with SLFRF.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 11th day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. HABR, City Clerk