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HomeMy WebLinkAbout2000-10-17; City Council; 15931; Agreement For School Crossing Guard ServicesCIT- OF CARLSBAD - AGEN’Y BILL AB # 1% %I TITLE: MTG. h--/7-& AWARD OF AGREEMENT FOR SCHOOL CROSSING GUARD SERVICES DEPT. PCH \ DEPT. HD. n@t- CITY ATTY @ CITY li4GR.q I RECOMMENDED ACTION: Staff recommends Council adopt Resolution No. ;700&-$?Q accepting the bid proposal of Westaff (USA) Inc., and authorizing the execution of an agreement for school crossing guard services. ITEM EXPLANATION: The City has provided school crossing guard service for several area schools under the supervision of the Police Department since 1983-84. Westaff (USA) has had the contract for school crossing guard service the last four years. Since we are in the last option year of our agreement with them, re-bidding for a new agreement is necessary. In accordance with Section 328.120 of the Municipal Code, Notice to Bidders was published I and Requests for Bid were mailed to fifteen temporary service agencies and five security service companies. The only bid received was from Westaff (USA) of Walnut Creek CA with a local office in Vista, CA. Their fee will remain the same as it was last year-- $11.90 an hour. Crossing guard services will be available at 14 locations throughout the City. FISCAL IMPACT Funds for crossing guard services are part of the approved Police Department annual budget. The estimated total for services over the first year of the agreement is $70,828.80. EXHIBITS Resolution No. 2&@-3&J RESOLUTION NO. 2OOO-320 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ACCEPTING A BID AND AUTHORKING THE EXECUTION OF AN AGREEMENT. WHEREAS, the City of Carlsbad requires the services of a school crossing guard contractor, and; WHEREAS, proper bidding procedures have resulted in the receipt of a bid from a qualified contractor; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The bid of Westaff (USA) Inc., 301 Lennon Lane, Walnut Creek CA 94598 is hereby accepted. 2. The Mayor of the City of Carlsbad is hereby authorized and directed to execute a contract for these services, a copy of which is attached hereto, for and on behalf of the City of Carlsbad for the period of three years with the option for the City Manager to renew for one additional one-year period to allow for rebidding, with revised contract prices set by mutual agreement. 3. The Purchasing Officer is hereby authorized and directed to issue a purchase order for school crossing guard services. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 17th day of October , 2000, by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin NOES: None ABSENT: None (SEAL) AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into as of the 24th day of October JO00 , by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as “City”, and WESTAFF (USA), a corporation, hereinafter referred to as “Contractor.” RECITALS City requires the services of a school crossing guard Contractor to provide necessary services; and Contractor possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. CONTRACTOR‘S OBLIGATIONS a. The Contractor shall provide capable and reliable personnel at the places and times and in the numbers stated in Exhibit A of this Agreement who meet the crossing guard requirements established by the City of Carlsbad Police Chief. b. The Contractor shall act to insure that a crossing guard is present at all designated locations every day the associated school is in session. The contractor shall have in place a notification system for regular crossing guards to use to report to the Contractor if they will be absent from their regular posts. In all cases, the contractor shall assume responsibility for -l- rev. 6/l /OO insuring that every post is manned at the predetermined times as set forth by this contract. c. The contractor shall establish and maintain a recruiting plan that will assure a fully qualified backup crossing guard to be available for each crossing guard position designated by the City of Carlsbad Police Chief. d. The Contractor shall pre-screen applicants to determine the applicants’ qualifications and suitability for the position. Applicants considered acceptable must be fingerprinted at the Catlsbad Police Department for a criminal history check. Applicants deemed to be unacceptable by the Carlsbad Police Chief shall not be assigned by the Contractor as crossing guards. e. The Contractor shall fully train each crossing guard prior to a guard assuming crossing guard duties. Training standards will be approved by the Carlsbad Police Department and shall include instruction on holding the crossing guard stop sign, where to stand while children cross, the wearing of a safety vest, proper reporting of violations against the hand held stop sign and actions to be taken in the event of an accident. f. The Contractor shall comply with all state and federal requirements regarding payroll taxes, minimum wage, workers’ compensation, unemployment compensation insurance, and fair employment practices. g. The Contractor shall handle all payroll responsibilities and be responsible for all workers’ compensation claims presented by any employee hired by the Contractor as a crossing guard. -2- rev. 6/l /OO h. The Contractor shall establish a liaison with the school district(s) to monitor changes in school schedules. The contractor shall report these changes to the Police Chief promptly. 2. CITY OBLIGATIONS a. The City shall provide a safety vest or jacket and hand held stop sign for use of each crossing guard. b. The City shall pay the Contractor in accordance with the terms of this contract. Contractor shall submit invoices weekly that state the hours worked in the previous week. City shall have the right to verify the hours worked prior to payment. City may make payment on a monthly basis for the bills submitted during the prior month. c. The City shall accept or reject applicants for crossing guards within a reasonable time after the applicant has been fingerprinted. Rejections of applicants shall not be unreasonable. Upon request, the reason for rejection shall be disclosed to The Contractor. The Contractor shall not disclose such reasons to any person other than applicant. d. The City shall provide the Contractor with written qualifications for crossing guards. -3- rev. 6/l/00 3. FEES TO BE PAID TO CONTRACTOR The total fee payable for the services to be I performed shall be $11.90 per hour per person. Estimated annual cost is $70,828.80. No other compensation for services will be allowed except those items covered by supplemental agreements per Paragraph 6, “Changes in Work “. 4. DURATION OF CONTRACT This agreement shall extend for a period of three (3) years from date thereof. The contract may be extended by the City Manager for one (1) additional year or part thereof, based upon a review of satisfactory performance and the City’s needs, to allow for re-bidding. The parties shall prepare extensions in writing indicating effective date and length of the extended contract. 5. PAYMENT OF FEES Payment of approved items on the invoice shall be mailed to the Contractor within 30 days of receipt of the invoice. 6. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Contractor or the City, and informal consultations with the other party indicate that a change in the conditions of the contract is warranted, the Contractor or the City may request a change in contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Contractor to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule. A Standard Amendment to Agreement shall be prepared by -4- rev. 6/l /OO the City and approved by the City according to the procedures described in Carlsbad Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render ineffective or invalidate unaffected portions of the agreement. 7. COVENANTS AGAINST CONTINGENT FEES The Contractor warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Contractor, to solicit or secure this agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee. 8. ANTI-DISCRIMINATION AND ANTI-HARASSMENT CLAUSE The Contractor shall comply with all applicable state and federal laws and regulations prohibiting discrimination and harassment. 9. TERMINATION OF CONTRACT In the event of the Contractor’s failure to prosecute, deliver, or perform the work as provided for in this contract, the City Manager may terminate this contract for nonperformance by notifying the Contractor by certified mail of the termination of the Contractor. The City Manager, shall determine the final payment amount of the contract. -5- rev. 6/l /OO This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. In the event of such suspension or termination, upon request of the City, the Contractor shall assemble the work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the Contractor shall be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under paragraph 4. The City Manager shall make the final determination as to the portions of tasks completed and the compensation to be made. 10. CLAIMS AND LAWSUITS The Contractor agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. The Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. The Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented to act as a Contractor on any City project for a period of up to five years. The Contractor acknowledges debarment by another -6- rev. 6/l/00 jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from the selection process. (Initial) &&II (Initial) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. & L(lnitial) r;S (Initial) 11. JURISDICTION The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. 12. STATUS OF THE CONTRACTOR The Contractor shall perform the services provided for herein in Contractor’s own way as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of the City. Contractor shall be under control of the City only as to the result to be accomplished, but shall consult with the City as provided for in the request for proposal. The persons used by the Contractor to provide services under this agreement shall not be considered employees of the City for any purposes whatsoever. The Contractor is an independent contractor of the City. The payment made to the Contractor pursuant to the contract shall be the full and complete compensation to which the Contractor is entitled. The City shall not make any federal or state tax withholdings on behalf of the Contractor or its employees or subcontractors. The City shall not be required to pay any workers’ compensation insurance or unemployment contributions on behalf of the Contractor or its employees or subcontractors. The Contractor agrees to indemnify the City within 30 days for any tax, retirement -7- rev. 6/l /OO contribution, social security, overtime payment, unemployment payment or workers’ compensation payment which the City may be required to make on behalf of the Contractor or any employee or subcontractor of the Contractor for work done under this agreement or such indemnification amount may be deducted by the City from any balance owing to the Contractor. The Contractor shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and Consultants that are included in this agreement. 13. CONFORMITY TO LEGAL REQUIREMENTS The Contractor shall cause all final reports to conform to all applicable requirements of law: federal, state and local. Contractor shall provide all necessary supporting documents, to be filed with any agencies whose approval is necessary. Contractor agrees to allow City or its designated representative to monitor, audit, review, and examine the methods, procedures, and results of Contractor. 14. HOLD HARMLESS AGREEMENT Contractor agrees to indemnify and hold harmless the City of Carlsbad and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Carlsbad. -8- rev. 6/l /OO Contractor shall at its own expense, upon written request by the City, defend any such suit or action brought against the City, its officers, officials, employees and volunteers. Contractor’s indemnification of City shall not be limited by any prior or subsequent declaration by the contractor. 15. ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof or any monies due thereunder without the prior written consent of the City. 16. SUBCONTRACTING If the Contractor shall subcontract any of the work to be performed under this contract by the Contractor, Contractor shall be fully responsible to the City for the acts and omissions of Contractor’s subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Contractor and the City. The Contractor shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Contractor’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 17. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of this agreement, shall become directly or indirectly interested personally in this contract or in any part thereof. No officer or employee of the City who is authorized -9- rev. 6/l 100 in such capacity and on behalf of the City to exercise any executive, supervisory, or similar functions in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof. 18. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained nor entitle the Contractor to any additional payment whatsoever under the terms of this contract. 19. SUCCESSORS OR ASSIGNS Subject to the provisions of Paragraph 14, “Hold Harmless Agreement,” all terms, conditions, and provisions hereof shall inure to and shall bind each of.the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 20. EFFECTIVE DATE This agreement shall be effective on and from the day and year first written above. 21. INSURANCE The Contractor shall obtain and maintain for the duration of the contract and any and all amendments insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the work hereunder by the contractor, its agents, representatives, employees or subcontractors. Said insurance shall be obtained from an insurance carrier admitted and authorized to -lO- rev. 6/l /OO do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-V’ and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. A. Coverages and Limits. Contractor shall maintain the types of coverages and minimum limits indicated herein, unless a lower amount is approved by the City Attorney or City Manager: 1. Comprehensive General Liability Insurance. $1 ,OOO,OOO combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this contract or the general aggregate shall be twice the required per occurrence limit. 2. Automobile Liability (if the use of an automobile is involved for contractor’s work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and property damage. 3. Workers’ Compensation and Employer’s Liability. Workers’ Compensation limits as required by the Labor Code of the State of California and Employer’s Liability limits of $1 ,OOO,OOO per accident for bodily injury. 4. Professional Liability. Errors and omissions liability appropriate to the contractor’s profession with limits of not less than $1 ,OOO,OOO per claim. Coverage shall be maintained for a period of five years following the date of completion of the work. -ll- rev. 6/l /OO B. Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following provisions: 1. The City shall be named as an additional insured on all policies excluding Workers’ Compensation and Professional Liability. 2. The contractor shall furnish certificates of insurance to the City before commencement of work. 3. The contractor shall obtain occurrence coverage, excluding Professional Liability which shall be written as claims-made coverage. 4. This insurance shall be in force during the life of the agreement and any extension thereof and shall not be canceled without 30 days prior written notice to the City sent by certified mail. 5. If the contractor fails to maintain any of the insurance coverages required herein, then the City will have the option to declare the contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order that the required coverages may be maintained. The contractor is responsible for any payments made by the City to obtain or maintain such insurance and the City may collect the same from the contractor or deduct the amount paid from any sums due the contractor under this agreement. -12- rev. 6/l /OO 22. RESPONSIBLE PARTIES The name of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of the Contractor in connection with the foregoing are as follows: For City: For Contractor: POLICE CHIEF Title VP & Asst. Secretary CITY OF CARLSBAD Name Bonnie A. McDonald 2560 ORION WAY Address 301 Lennon Lane CARLSBAD CA 92008 Walnut Creek, CA 94598 23. BUSINESS LICENSE Contractor shall obtain and maintain a City of Carlsbad Business License for the duration of the contract. Ill Ill Ill Ill -13- rev. 6/l IO0 24. ENTIRE AGREEMENT ,- This agreement, together with any other written document referred to or contemplated herein, along with the purchase order for this contract and its provisions, embody the entire agreement and understanding between the parties relating to the subject matter hereof. In case of conflict, the terms of the agreement supersede the purchase order. Neither this agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. Executed by Contractor this 6th day of October 12000 CONTRACTOR: Westaff (USA), Inc. _ (name of Contractor) By: Nl. d si Robert M. m rose AS3 n here) By: (print name/title) cts ATTEST: /qg-h27.% ,_ AORRAINE M. WOOD City Clerk (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL, City Attorney BY: &W&!,&, wti Deputy City Attorney -14- rev. 6/l /OO EXHIBIT A LOCATIONS TIMES Carlsbad Village Dr./Tamarack 7:30 AM - 8:20 AM and 2:25 PM - 255 PM Las Floras/Pi0 Pica 7:30 AM - 8:20 AM and 2:25 PM - 2:55 PM Las Floresllnterstate 5 7:30 AM - 8:20 AM Daily and 2:25 PM - 2:55 PM, Las Flores/lnterstate 5 Monday through Wednesday and Friday 1:25 PM - 1:55 PM on Thursday Monroe/Chestnut 7:30 AM - 8:15 AM and 2:25 PM - 2:55 PM Monroe/Magnolia 7:25 AM - 8:15 AM Daily and 2:25 PM - 2:55 PM, Monday through Wednesday and Friday Monroe/Magnolia I:25 PM - I:55 PM on Thursday Tamarack/Jefferson 7:30 AM - 8:15 AM and 2:25 PM - 2:55 PM El Camino Real/Tamarack 7:30 AM - 8:15 AM and 2:25 PM - 2:55 PM 1 Paseo Aliso/Calle Barcelona 7:30 AM - 8:i 5 AM and 2:25 PM - 2:55 PM Paseo AlisolCalle Barcelona 12:50 PM - 1:20 PM, when needed Ranch0 Santa Fe/Calle Barcelona 7:30 AM - 8:15 AM and 2:25 PM - 2:55 PM Ranch0 Santa Fe/Calle Barcelona Calle San Felipe/Calle Barcelona Calle San FelipeKalle Barcelona Aviara Parkway/Ambrosia Lane Aviara Parkway/Ambrosia Lane Aviara Parkway/Ambrosia Lane AlderwoodlCamino de Las Ondas AlderwoodKamino de Las Ondas 8000 Calle Acervo 12:50 PM - I:20 PM, when needed 7:30 AM - 8:15 AM and 2:25 PM - 2:55 PM 12:50 PM - 1:20 PM, when needed 8:00 AM - 8:30 AM, Monday through Friday 2:25 PM - 2:55 PM Daily, Monday through Wednesday and Friday 1:25 PM - 1:55 PM on Thursday, when school is in session. 7:15 AM - 7:50 AM Daily, 2:30 PM - 3:15 PM, Monday through Wednesday and Friday 1:30 PM - 2:15 PM, Thursday 7:30 AM - 8:35 AM Daily, I 8000 Calle Acervo 3:00 PM - 4:00 PM Daily Paseo Aliso/Calle Barcelona I 8:15 AM - 8:45 AM Daily, 2:30PM - 3:OOPM Daily -15- rev. 6/l /OO . State of California ) County of Contra Costa ) On October 6,200O before me, Robert M. Ambrose and Paul A. Norberg personally appeared and are personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. City of Carlsbad Records Management Department November 8,200O WESTAFF (USA) Bonnie A. McDonald 301 Lennon Ln Walnut Creek, CA 94598 Re: School crossing guard The City of Carlsbad approved the agreement to provide the necessary services for the services of a school crossing guard at the council meeting of October 17,200O. A copy of the agreement is enclosed for your reference. Debra Doerfler Carlsbad City Clerk’s Office Enclosure 1200 Carlsbad Village Drive * Carlsbad, CA 92008-l 989 - (760) 434-2808 @