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HomeMy WebLinkAbout4.4 Amend Crossing Guard Service Agreement q'j CITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: January 14, 1991 SUBJECT: Amendment to Agreement with Alameda County for Crossing Guard Services (Report by Public Works Director Lee Thompson) EXHIBITS ATTACHED: 1) Resolution, Including Amendment 2) Current Agreement 3) Letter from Alameda County confirming January 7th starting date RECOMMENDATION: tl Adopt Resolution and authorize Mayor to execute amendment to agreement. FINANCIAL STATEMENT: Estimated annual cost of providing an additional crossing guard is $8,000. The City Council approved a budget transfer in this amount at the December 10, 1990, meeting. DESCRIPTION: At the December 10, 1990, meeting, the City Council approved provision of an adult crossing guard on Amarillo Road in front of Nielsen School. Alameda County provides adult crossing guard services to the City on a contract basis, and it is necessary to amend the agreement with Alameda County in order to provide the additional crossing guard. Since a person is already available to fill the position, Alameda County Staff has agreed to begin providing the service on January 7th as an interim measure until the City Council and Board of Supervisors can act on the amendment. Staff recommends that the City Council adopt the resolution approving the amendment and authorize the Mayor to execute same. --------------------------------------------7------------------------------- ITEM NO. COPIES TO: Noelle Pilat Alameda County jZ& �60 - �6 RESOLUTION NO. —91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -------------------------------------------- APPROVING AMENDMENT TO AGREEMENT WITH COUNTY OF ALAMEDA FOR PROVISION OF TRAFFIC SIGNAL MAINTENANCE AND CROSSING GUARD SERVICES WHEREAS, the City of Dublin contracts with the County of Alameda for provision of Crossing Guard Services; and WHEREAS, an additional crossing guard location is to be added to the scope of services in Appendix A of the agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the Amendment to the Agreement which is attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Amendment. PASSED, APPROVED, AND ADOPTED this 14th day of January, 1991. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk EXHIBIT A OF RESOLUTION NO. AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND COUNTY OF ALAMEDA FOR TRAFFIC SIGNAL MAINTENANCE AND CROSSING GUARD SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and THE COUNTY OF ALAMEDA (hereinafter referred to as "COUNTY") entered into an agreement on July 31, 1990, to provide traffic signal maintenance and crossing guard services to the City of Dublin; and WHEREAS, Paragraph 2 of Appendix A of that Agreement provides that the number and location of crossing guards may be amended as deemed necessary or desirable by CITY and COUNTY; and WHEREAS, CITY has determined to establish an additional crossing guard location; NOW, THEREFORE, the parties hereto agree as follows: That Paragraph 3 of Appendix A of the Agreement shall be amended to add the following crossing guard location: Amarillo Road at Alegre Drive (front of Nielsen School) CITY OF DUBLIN Mayor ATTEST: City Clerk COUNTY OF ALAMEDA Accepted by Resolution No. AGREEMENT - TRAFFIC SIGNAL MAINTENANCE AND CROSSING GUARDS THIS AGREEMENT, made and entered into this . day of,—Ve-tV- 1990, by and between the COUNTY OF ALAMEDA, hereinafter referred to as k "COUNTY" , and the CITY OF DUBLIN, hereinafter referred to as "CITY" ; RECITALS: A. The CITY is desirous of contracting with COUNTY for the performance of traffic signal maintenance and the provision of crossing guard services within its boundaries by the COUNTY through the Director of Public Works thereof; and B. The COUNTY is agreeable to rendering such services on the terms and conditions hereinafter set forth; and C . That such contract is authorized and provided for by the provisions of Article 1 , Chapter 1 , Part 2, Division 1 , Title 5 of the Government Code; NOW, THEREFORE, IT IS AGREED as follows: I . SERVICES TO BE PERFORMED A. COUNTY agrees by and through its Public Works Agency to perform for CITY any and all functions relating to the construction, operation and maintenance of traffic signals and the provision of crossing guard services, subject to the general terms and conditions hereinafter set forth. B. Said Public Works Agency shall construct, reconstruct, operate, maintain and repair all traffic signals within CITY with the same power with reference thereto as if said traffic signals were within the unincorporated area of COUNTY, the City Council of CITY exercising the same authority with reference to said work on said streets as the Board of Supervisors would exercise if said traffic signals were in the unincorporated territory of COUNTY. Nothing herein contained shall be construed as in any way divesting CITY of any of its powers with respect to the supervision, management, and control of traffic signals within its boundaries. C . For the purpose of performing said functions and providing all the services designated in Paragraph I .A. of the Agreement, COUNTY shall furnish and supply all necessary labor, supervision, machinery, equipment, and supplies other than those required to be furnished by CITY, necessary to carry out the instructions of CITY and to construct, operate and maintain CITY traffic signals and provide crossing guard services in accordance with the level of service prescribed by COUNTY, unless CITY by resolution, or CITY' s authorized designate, in writing , requests a different level of services . All work , services and materials shall be of equal workmanship and quality as that performed or furnished for COUNTY traffic signals and crossing guards. Both parties agree that they and their officers and agent shall cooperate in the carrying out of said functions and that the Director of Public Works shall have full authority, possession, and necessary control of the work with full assistance when necessary from the police of CITY or such other law enforcement agency as may be rendering police service therein. General descriptions of services to be performed and installations to be covered are found in Appendices A, B , and C , attached hereto and incorporated by reference. D. Whenever the COUNTY and CITY mutually agree as to the necessity for any such COUNTY officer or department to maintain administrative headquarters in the CITY , CITY shall furnish at its own cost and expense, all necessary office space, furniture , and furnishings , office supplies , janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices , forms and the like must be issued in the name of the CITY, the same shall be supplied by the CITY at its expense. It is expressly understood that in the event a local administrative office is maintained in the CITY for any such COUNTY officer or department , such quarters may be used by the COUNTY officer or department in connection with the performance of its duties in territory outside of the CITY and adjacent thereto , provided , however, that the performance of such outside duties shall not be at any additional cost to the CITY. The COUNTY shall reimburse the CITY for the cost of providing such facilities to the extent that such facilities are used for activities outside the City of Dublin. E . No extraordinary function or service shall be performed pursuant to this Agreement by any COUNTY officer or department unless such function or service has been requested in writing by the CITY and authorized -2- by the CITY Manager or his designee. CITY shall submit a written service request to the Deputy Director, Maintenance and Operations, or his designee specifying those functions and services to be performed by the COUNTY. In an emergency situation , services may be requested by CITY and provided by COUNTY pursuant to verbal agreement between the City Manager or his designee and the Deputy Director, Maintenance and Operations or his designee. All functions and services provided by COUNTY to CITY shall be performed at the times and under circumstances which do not interfere with the performance of regular COUNTY operations except for City emergencies. F . During the term of this Agreement, CITY, prior to the start of the Fiscal year, shall advise the Director of Public Works of program changes for the forthcoming Fiscal year. G. The Public Works Agency of the COUNTY of Alameda shall not perform any function hereunder not coming within the scope of the duties of such department in performing services for COUNTY. H . If , pursuant to this Agreement , the Public Works Agency prepares plans for any project to be constructed by a private contractor, CITY shall have the option of either becoming a part of a COUNTY overall contract for such services, should one be available for advertising on a timely basis , or of entering into a separate contract with such private contractor. If the CITY elects to join in a COUNTY overall contract, CITY work shall be bid as an alternate which CITY shall have the right to reject after bids are received. In either case , all plans , profiles , and the specifications therefore, together with the terms of the contract and the accompanying bonds, when prepared by COUNTY , shall be submitted to CITY officials as may be by resolution designated by such Council for that purpose . If inspections necessary to ascertain the compliance by the contractor with the plans, profiles, and specifications are made by COUNTY, a report thereon shall be submitted to CITY . It shall be COUNTY ' s responsibility to ultimately determine the adequacy of such performance and to finally certify the work as completed. I . The CITY and COUNTY shall mutually agree on any workload data to be maintained by the COUNTY for the CITY. The COUNTY may provide the CITY with supplemental workload or cost data requested by the CITY subject -3- to availability of information and staff time. The CITY will pay the COUNTY for the full cost of staff time including overhead required to provide CITY with supplemental information. II . LIABILITY A. All persons employed in the performance of such services and functions for CITY shall be COUNTY employees, and no CITY employee as such shall be taken over by COUNTY and no person performing work hereunder shall have any CITY pension, civil service, or other status or right. B. CITY shall not be called upon to assume any liability for the direct payment of any salary, wages , or other compensation to any COUNTY personnel performing services hereunder for CITY, or any liability other than that provided for in this Agreement. Except as herein otherwise specified, CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his employment. C. The CITY will assume liability and pay cost of defense and hold the COUNTY harmless from loss, cost or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees occurring in the performance of this agreement between the parties hereto to the extent that such liability is imposed on the COUNTY by the provisions of Section 895.2 of the Government Code of the State of California. In addition , when liability arises pursuant to Section 830, et seq. , of the Government Code, by reason of a dangerous condition of public property of the CITY, the CITY shall assume liability and pay cost of defense and hold the COUNTY harmless from loss , costs or expenses caused by the negligent or wrongful act or omission of CITY officers and employees. D. The COUNTY will assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers , agents and employees occurring in the performance of this agreement between the parties hereto to the extent that such liability is imposed on the CITY by the provision of Section 895 . 2 of the Government Code of the State of California . In addition, when liability arises pursuant to Section 830, et seq . , of the Government Code , by reason of a dangerous condition of public property of -4- the CITY, the COUNTY shall assume liability and pay cost of defense and hold the CITY harmless from loss , costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents and employees arising in the performance of this agreement. III . INSURANCE The COUNTY shall provide general liability and automobile liability coverage. Whatever insurance agreement between CITY and COUNTY is in effect during the term of this contract shall apply hereto and is fully incorporated herein by reference. IV. CITY ORDINANCES A. To assist COUNTY in the performance of its duties hereunder and to safeguard CITY' s streets, it is agreed that CITY will forthwith enact and thereafter maintain during the duration of this contract an ordinance similiar to Chapter 1 , Title 5 of the Alameda COUNTY Ordinance Code, as amended. Regardless of anything to the contrary herein contained , this contract shall sooner terminate any time CITY fails to enact and maintain said ordinance as herein before provided for. V. COST AND BILLING PROCEDURES A. CITY shall pay for the actual cost of such services as are provided under this Agreement at rates to be determined by COUNTY in accordance with the policies and procedures established by the Board of Supervisors. B . The Public Works Agency shall keep reasonably itemized and in detail work or job records covering the cost of all services performed , including salary, wages and other compensation of labor; supervision and planning, plus overhead, the reasonable rental value of all COUNTY owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the COUNTY, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service. C. The COUNTY shall deliver to CITY within thirty (30) days after the close of each calendar month , an itemized invoice which covers all -5- services performed during said month, and CITY shall pay COUNTY therefore within thirty (30) days after date of said invoice. If such payment is not received by COUNTY at the office which is described on said invoice within thirty (30) days after the date of delivery of said invoice , COUNTY is entitled to recover interest thereof. Said interest shall be at the rate of one (1) percent per calendar month or any portion thereof calculated from the last day of the month in which the services were performed. Notwithstanding anything hereinabove to the contrary, COUNTY may bill CITY for the entire cost of any specific project at the completion thereof, and such cost will be paid within a reasonable time thereafter. The words "specific project" as used herein shall include, but shall not be limited to, all construction, reconstruction, relocation, and other similar capital signal projects. D. If, at the termination of this Agreement COUNTY has on hand any unexpended and unencumbered portion of any funds from any source allocated or apportioned to CITY , which is in excess of any obligation of CITY to COUNTY for the performance of such functions by the Director of Public Works, any such excess shall thereupon be paid to CITY by COUNTY , in the same manner and for the same purposes as other like funds are paid to other cities in COUNTY. VI . DURATION AND TERMINATION This contract shall have an effect date of July 1 , 1990, and unless sooner terminated as provided herein, this Agreement shall run for a period ending June 30, 1993. All services shall require a 90 day written notice be provided prior to termination, subject to mutual agreement as to disposition of work in progress. VII . AMENDMENTS TO AGREEMENT This agreement may be amended only by the written , mutual consent of the parties. -6- ATTEST: CITY OF DUBLIN By: ey- Ma or _C,ity Clerk y APPROVED AS TO FORM: By: li �`( /`y, City Attorney ATTEST: William Mehrwein COUNTY OF ALAMEDA Clerk of the Board of Supervisors By: By: Deputy APPROVED AS TO FORM: Approved as to Form KELVIN Hi PTY, JR., County Counsel By:By. Deputy -7- I hereby certify under penalty of perjury that the Chairman of the Board of Supervisors was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on 1111 > _ 199o_; and that a copy has been delivered to the Chairman as provided by Government Code Section 25103. Date: WILLIAM MEHRWEIN, Clerk, Board of Supervisors, County of Alameda, State of California By: eputy -8- APPENDIX A ADULT CROSSING GUARDS The descriptions contained in Appendix A and Appendix B are intended to be general in nature . The specific level of service performed will be dependent upon the request of CITY made pursuant to a Service Request. The listed loctions may be amended as deemed necessary or desirable in the opinion of the CITY and the COUNTY, to adjust the number and/or locations of the intersections to be so covered. Furnishing adult crossing guards for the conduct of children across major thoroughfares on their passage to and from school . Intersections Covered 1. San Ramon Road and Shannon Avenue 2. Silvergate Drive and Amarillo Road 3. Amador Valley Blvd. and Burton Avenue -9- APPENDIX B TRAFFIC SIGNAL MAINTENANCE Public Works Agency shall provide for the maintenance of certain approved traffic signal systems at intersections (intersections as defined in Section 364 of the Vehicle Code) which are under the jurisdiction of the CITY and to arrange herein for the particular maintenance functions to be performed and to specify the cost of such maintenance, as follows: 1 . Services A. Public Works Agency will furnish and perform all routine maintenance and inspection services necessary to keep the facilities covered by the terms of this Agreement in satisfactory working condition. Appendix C is attached as a general guideline. Such services shall include the following: patrolling , emergency service; relamping ; necessary minor repairs and adjustments ; and replacement of controller, equipment, detectors, poles, heads and lamps. Installation of additional facilities is not a routine maintenance function under provisions of this paragraph. B. Public Works Agency shall perform all extraordinary maintenance services which shall include replacement and/or addition of major equipment due to obsolescense, wear, or inadequacy and repair due to extensive damage from any cause. C. Public Works Agency shall perform all necessary vandalism and collision repairs. 2. Cost and Repairs A. Labor , equipment and material costs for routine maintenance , including relamping , shall be assessed -10- directly against the installation involved. Such costs shall be the actual costs for labor, parts and equipment used and/or actually expended in each particular instance. B. Extraordinary maintenance costs and costs for vandalism and collision repair shall be assessed directly against the installations involved. Such costs shall be the actual costs of labor, parts and equipment used and/or actually expended in each particular instance. In order to insure budget control , the Deputy Director-Maintenance and Operations shall approve all extraordinary repairs prior to the beginning of work , and , except for emergency situations, will consult the CITY before proceeding. -11- 3. Installations Covered A. The number and location of all signal installations covered by the terms of this Agreement are as follows: 1. Amador Valley Blvd. - Village Parkway 2. Amador Valley Blvd. - Donohue Drive 3. Amador Valley Blvd. - Regional Street 4. Amador Valley Blvd. - Stagecoach Road 5. Dublin Blvd. - Dougherty Road 6. Dublin Blvd. - Village Parkway 7. Dublin Blvd. - Amador Plaza Road 8. Dublin Blvd. - Golden Gate Drive 9. Dublin Blvd. - Clark Avenue 10. Dublin Blvd. - Regional Street 11. Dublin Blvd. - Dublin Court 12. San Ramon Road - Amador Valley Blvd 13. San Ramon Road - Shannon Avenue 14. Amador Valley Blvd. - Dougherty Road 15. Amador Valley Blvd. - Amador Plaza Road 16. Dublin Blvd. - Sierra Court 17. Dublin Blvd. - San Ramon Road 18. San Ramon Road - Vomac Road 19. Village Parkway - Lewis Avenue 20. San Ramon Road - Silvergate Drive The above locations may be amended , as is deemed necessary or desirable in the opinion of the CITY and the COUNTY Director of Public Works , to adjust the number and/or location of signal installations to be so covered. -12- APPENDIX C SIGNAL CABINET MAINTENANCE GUIDELINES Alameda County will make every reasonable effort to maintain the City of Dublin' s traffic signals in accordance with the listed guidelines . The maintenance schedule may vary due to lack of personnel or other unforeseen circumstances. The operation of the signal cabinets rests with the City. WEEKLY SERVICE 1. Patrol system check (vandalism. ) 2. Alignment of Traffic and pedestrian heads. 3. Cycling of system. MONTHLY SERVICE 1. Visual check of controller for extension, detection and normal operation. 2. visual check of detector units. 3. Check all vehicle and pedestrian heads for operation and alignment. 4. Check all pedestrian push buttons and pedestrian instruction signs. 5. Check cabinet ventilation fan for thermal control and operation. QUARTERLY SERVICE 1 . Check cycling. 2. Check all vehicle detector units for tuning and operation. 3. Check operation and adjustment of all external relays. 4. Check all vehicle and pedestrian heads for operation and alignment. 5. Check all pedestrian buttons and pedistrian instruction signs. 6. Vacuum cabinet and check air filter. 7. Check for presence of all prints and maintenance record card. 8. Check cabinet fan for thermal control and operation. -13- QQ``a`�on Bu,�a'9 COUNTY OF ALAMEDA RECEIVED PUBLIC WORKS AGENCY 199) PUBLIC _ 399 Elmhurst Street • Hayward, CA 94544-1395 CITY. OF DUBLIN (415) 670-5480 9es0urces , January 2 , 1991 Richard C. Ambrose City Manager City of Dublin P. O. Box 2340 Dublin CA 94568 Dear Mr. Ambrose: SUBJECT: Amendment to Agreement for Crossing Guard Services I have received your request for an additional crossing guard to be assigned to the Nielsen School . We do have staff available, and I am approving the January 7 starting date as an interim measure. We will add the cost of the additional staff to the regular monthly invoice. After your Council approves the agreement amendment, please send me four copies with original signatures. Upon receipt of the amendment, I will have my staff prepare a letter to the County Board of Supervisors. If you submit the amendment to us by January 18, it will be on the agenda for the February 5 Board of Supervisors meeting. Yours truly, Donald J." LaBelle Director of Public Works DJL:ams c: Dan DeClercq Ann Faris Dan Regan