HomeMy WebLinkAboutPR 20383: INTERLOCAL AGREEMENT WITH PAISD P.R. No. 20383
08/06/18 gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH THE PORT ARTHUR
INDEPENDENT SCHOOL DISTRICT (PAISD) FOR THE SCHOOL
CROSSING GUARD PROGRAM, WITH A PROJECTED ANNUAL
BUDGETARY IMPACT OF $50,000.00; FUNDING AVAILABLE IN
POLICE DEPARTMENT'S PROFESSIONAL SERVICES ACCOUNT NO.
001-1101-521.54-00
WHEREAS, the Port Arthur Independent School District (PAISD) advertised
for bids and awarded a one (1) year contract for crossing guard services to Kelly
Services, Inc. (Kelly) of 999 West Big Beaver Road, Troy, Michigan, with an option to
renew for up to 4 one-year terms year; and
WHEREAS, the City of Port Arthur and PAISD have agreed, in lieu of
establishing their own school crossing guard program, PAISD shall outsource school
crossing guard services for the benefit of PAISD and the City in the amount of
$15.91 per hour, with an annual projected budgetary impact not to exceed
$100,000.00, with the option to renew for four (4) one-year terms; and
WHEREAS, it is in the best interest of the citizens of Port Arthur, to authorize
the Interlocal Agreement with PAISD being responsible for 50% of the actual cost of
the crossing guard services to be provided by Kelly, not to exceed $100,000 per
year, and the City shall be responsible for the remaining 50%, in substantially the
same form as attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
s.pr20383
Section 2. That the City Council authorizes the City Manager to enter into an
Interlocal Agreement with the Port Arthur Independent School District for the school
crossing guard program, in substantially the same form as attached hereto as Exhibit
„A„
Section 3. That a copy of the Resolution shall be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED on this day of , A.D.,
2018, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by
the following vote: AYES:
Mayor:
Councilmembers: ,
NOES: .
Derrick Freeman, Mayor
ATTEST:
Sherri Bellard, City Secretary
s.pr20383
APPROVED AS TO FORM:
rtd
Val Tizeno, ity Attor ey
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
John Owens, Acting Police Chief
APPROVED AS TO AVAILABILITY OF FUNDS:
Andrew Vasquez, Finance Director
s.pr20383
EXHIBIT "A"
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STATE OF TEXAS §
COUNY OF JEFFERSON §
INTERLOCAL AGREEMENT
This Interlocal Agreement (hereinafter, the "Agreement") is entered into by and between
the City of Port Arthur, a municipal corporation of Jefferson County, Texas (hereinafter, the
"City"), and Port Arthur Independent School District (hereinafter, "PAISD"), collectively
referred to hereinafter as the "Parties," entities which are authorized to enter into interlocal
agreements in accordance with Section 791.001, et seq., Local Government Code.
WITNESSETH:
WHEREAS, the Parties desire to enter into a one year contract for school crossing guard
services on public streets;
WHEREAS, in June 2018, PAISD advertised for bids and awarded the contract for
crossing guard services to Kelly Services, Inc. of 999 West Big Beaver Rd., Troy, Michigan
48084 (hereinafter, "Kelly"), with an option to renew for up to 4 one-year terms.
WHEREAS, the Parties have agreed, in lieu of establishing their own school crossing
guard program, PAISD shall outsource school crossing guard services for the benefit of PAISD
and the City in the amount of$15.91 per hour, with an annual projected budgetary impact not to
exceed $100,000.00, with the option to renew for 4 one-year terms.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
I.
This Agreement is made pursuant to the procurement method listed in TEX. EDuc. CODE
§ 44.031(a)(4) for the outsourcing of crossing guard services by PAISD and the City, this
Interlocal Agreement provides the best value for PAISD and the City.
II.
The term of this Agreement shall be for one (1) year, beginning August 13, 2018, and
ending on August 31, 2019.
III.
In determining whether this Interlocal Agreement to hire the services of Kelly provides
the best value for PAISD and the City, the Parties considered the following factors: (1) service
price; (2) reputation of Kelly and its services; (3) quality of Kelly's services; (4) the extent to
which Kelly services meet PAISD and the City's needs; (5) Kelly's past relationship with
PAISD; (6) the impact on the Parties to comply with laws and rules relating to historically
underutilized businesses; (7) total long-term cost to PAISD and the City to acquire Kelly's
services; and (8) all other relevant factors.
IV.
Dr. Mark Porterie, Superintendent of PAISD, is hereby authorized by this Agreement to
contract with Kelly to provide crossing guard services to PAISD and the City in the amount of
$15.91 per hour, with an annual projected budgetary impact not to exceed $100,000.00.
V.
The specifications (scope, standards, duties, etc.) of work to be provided by Kelly is more
particularly described in Exhibit A. The Locations of where the services are to be provided
within PAISD are detailed in Exhibit B. Further, an unexecuted copy of the contract with Kelly
is attached hereto as Exhibit C. The attached Exhibits A, B, and C are incorporated herein by
reference.
VI.
Kelly shall be required to fill and execute the Affidavit of No Debts and Conflict of
Interest Questionnaire attached hereto as Exhibits D and E, respectively, both of which are
incorporated herein by reference.
VII.
PAISD is to maintain accurate records for invoicing. These records will be made
available for the City to review upon request.
VIII.
PAISD shall be responsible for 50% of the actual cost of the crossing guard services to be
provided by Kelly, not to exceed $100,000 per year, and the City shall be responsible for the
remaining 50%.
IX.
PAISD will submit two invoices per year to the City. The first invoice will be submitted
for payment by January 15, 2019 (for the previous year's hours), which will be due by February
15, 2019. The second invoice will be submitted by June 15, 2019, which will be due by July 15,
2019.
X.
In connection with this Agreement, notification shall be as follows:
City of Port Arthur
Harvey Robinson, Interim City Manager
P.O. Box 1089
Port Arthur, Texas 77641
Port Arthur Independent School District
Dr. Mark Porterie, Superintendent
4801 9th Avenue
Port Arthur, Texas 77642
XI.
Either party may cancel this Agreement without cause by providing 60 days written
notice to the other party of its intent to do so.
XII.
This Agreement may be amended by the mutual agreement of the Parties hereto in
writing, and any amendment shall be attached to and incorporated into this Agreement.
XIII.
This Agreement constitutes the entire Agreement and understanding between the Parties
and supersedes all previous agreements, understandings, discussions, or representations
concerning its subject matter. The Parties to this Agreement may not assign or transfer their
interests or obligations under this Agreement. If a court of competent jurisdiction determines that
a term or provision of this Agreement is void or unenforceable, the remainder of this Agreement
remains effective to the extent permitted by law.
EXECUTED in duplicate originals this day of , 2018.
PORT ARTHUR INDEPENDENT CITY OF PORT ARTHUR
SCHOOL DISTRICT
By: By:
Dr. Mark Porterie Harvey Robinson
Superintendent Interim City Manager
P.R. No. 19906
09/15/17 gt
RESOLUTION NO. 1 7 9O
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH THE PORT ARTHUR
INDEPENDENT SCHOOL DISTRICT (PAISD) FOR THE SCHOOL
CROSSING GUARD PROGRAM, WITH A PROJECTED ANNUAL
BUDGETARY IMPACT OF $45,000.00; FUNDING AVAILABLE IN
POLICE DEPARTMENT'S PROFESSIONAL SERVICES ACCOUNT NO.
001-1101-521.54-00
WHEREAS, the Port Arthur Independent School District (PAISD) advertised
for bids and awarded a one (1) year contract for crossing guard services to Cooper
Group Staffing of 355 North 18th Street, Beaumont, Texas, with an option to renew
for one additional year; and
WHEREAS, the City of Port Arthur and PAISD have agreed, in lieu of
establishing their own school crossing guard program, PAISD shall outsource school
crossing guard services for the benefit of PAISD and the City in the amount of
$10.75 per hour, with an annual projected budgetary impact not to exceed
$90,000.00, with the option to renew for one additional year; and
WHEREAS, it is in the best interest of the citizens of Port Arthur, to authorize
the Interlocal Agreement with PAISD being responsible for 50% of the actual cost of
the crossing guard services to be provided by Cooper, not to exceed $90,000 per
year, and the City shall be responsible for the remaining 50%, in substantially the
same form as attached hereto as Exhibit"A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
s.pr19906
Section 2. That the City Council authorizes the City Manager to enter into an
Interlocal Agreement with the Port Arthur Independent School District for the school
crossing guard program, in substantially the same form as attached hereto as Exhibit
Section 3. That a copy of the Resolution shall be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED on thiaday of ‘.- , A.D.,
2017, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by
the following vote: AYES: �,
Mayor:��i�/YY1c) - ftk1L '?f\ TSU dal, or-dy-Lad
Councilmembers: -1J-eat ( ` /4Z J Ae1 Qiiit ,
amu.. " c f ,
,
NOES: ev
Derrick ' - an, Mayor
ATTEST:
Iiil
eIlar ,, City Secretary
s.pr19906
APPROVED AS TO FORM:
Y/K-f-'7 Z2-t/LIL(6
Val Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Brian McDougal, City Manager
kr6—e !
Patrick Melvin, Police Chief
APPROVED AS TO AVAILABILITY OF FUNDS:
Finance Director
s.pr19906
•
EXHIBIT "A"
s.pr19906
STATE Oi- TEXAS §
COLrNY OF JEFFERSON §
INTERLOCAL AGREEMENT
This Interlocal Agreement(hereinafter, the "Agreements') is entered into by and between
the City of Port Arthur, a municipal corporation of Jefferson County. Texas (hereinafter, the
"City"), and Port Arthur Independent School District (hereinafter, "PAISD"), collectively
referred to hereinafter as the "Parties," entities which are authorized to enter into interlocal
agreements in accordance with Section 791.001,et seq., Local Government Code.
WITNESSETH:
WHEREAS, the Parties desire to enter into a one year contract for school crossing guard
services on public streets;
WHEREAS, in August 2017, PAISD advertised for bids and awarded the contact for
crossing guard services to Cooper Group Staffing, of 355 North 18`h Street, Beaumont, Texas
77707(hereinafter, "Cooper"), with an option to renew for 2 years.
WHEREAS, the Parties have agreed, in lieu of establishing their own school crossing
guard program, PAISD shall outsource school crossing guard services for the benefit of PAISD
and the City in the amount of$10.75 per hour,with an annual projected budgetary impact not to
exceed$90.000.00, with the option to renew for one additional year.
NOW,THEREFORE,THE PARTIES HEREBY AGREE AS FOLLOWS:
This Agreement is made pursuant to the procurement method listed in TEX. EDUC.CODE
§ 44.031(a)(4) for the outsourcing of crossing guard services by PAISD and the City, this
Interlocal Agreement provides the best value for PAISD and the City.
II.
The term of this Agreement shall be for one (1) year, beginning September 1, 2017, and
ending on September 1, 2018.
III.
In determining whether this Interlocal Agreement to hire the services of Cooper provides
the best value for PAISD and the City, the Parties considered the following factors: (1) service
price;(2)reputation of Cooper and its services; (3)quality of Cooper's services;(4)the extent to
which Cooper services meet PAISD and the City's needs; (5) Cooper's past relationship with
PAISD and the City; (6) the impact on the Parties to comply with laws and rules relating to
historically underutilized businesses; (7) total long-term cost to PAISD and the City to acquire
Cooper's services; (8) Cooper's principal place of business being located in Jefferson County,
Texas;and(9)all other relevant factors.
IV.
Dr. Mark Porterie, Superintendent of PAISD, is hereby authorized by this Agreement to
contract with Cooper to provide crossing guard services to PAISD and the City in the amount of
$10.75 per hour,with an annual projected budgetary impact not to exceed$90,000.00.
v.
The specifications (scope, standards, duties, etc.) of work to be provided by Cooper is
more particularly described in Exhibit A. The Locations of where the services are to be provided
within PAISD are detailed in Exhibit B. Further,an unexecuted copy of the contract with Cooper
is attached hereto as Exhibit C. The attached Exhibits A, B, and C are incorporated herein by
reference.
VI.
Cooper shall be required to fill and execute the Affidavit of No Debts and Conflict of
Interest Questionnaire attached hereto as Exhibits D and E, respectively, both of which are
incorporated herein by reference.
VII.
PAISD is to maintain accurate records for invoicing. These records will be made
available for the City to review upon request.
VIII.
PAISD shall be responsible for 50%of the actual cost of the crossing guard services to be
provided by Cooper, not to exceed $90,000 per year, and the City shall be responsible for the
remaining 50%.
IX.
FAISD will submit two invoices per year to the City. The first invoice will be submitted
for payment by January 15, 2018 (for the previous year's hours), which will be due by February
15, 2018. The second invoice will be submitted by June 15, 2018, which will be due by July 15,
2018.
X.
In connection with this Agreement,notification shall be as follows:
City of Port Arthur
Brian McDougal,City Manager
P.O. Box 1089
Port Arthur,Texas 77641
Port Arthur Independent School District
Dr. Mark Porterie,Superintendent
4801 9`F'Avenue
Port Arthur,Texas 77642
XI.
Either party may cancel this Agreement without cause by providing 60 days written
notice to the other party of its intent to do so.
XII.
This Agreement may be amended by the mutual agreement of the Parties hereto in
writing,and any amendment shall he attached to and incorporated into this Agreement.
XIII.
This Agreement constitutes the entire Agreement and understanding between the Parties
and supersedes all previous agreements, understandings, discussions, or representations
concerning its subject matter. The Parties to this Agreement may not assign or transfer their
interests or obligations under this Agreement. If a court of competent jurisdiction determines that
a term or provision of this Agreement is void or unenforceable, the remainder of this Agreement
remains effective to the extent permitted by law.
4.4
EXECUTED in duplicate originals this ot day of 0� , 2017.
PORT ARTHUR INDEP NDENT CITY OF PORT A NUR
SCHOOL DISTRICT
By:aka U By:
Dr. Mark Porterie BOat
Superintendent Ci
EXHIBIT A
SPECIFICATION FOR
SCHOOL CROSSING GUARD
SCOPE OF WORK:
The contractor shall provide a full-service program to provide school crossing guards for the Port
Arthur Independent School District. The contractor will administer and coordinate the program
fully. There are a total of Thirteen (18) locations in our city, a copy of those locations are
included in this document. Guards must be provided in both the morning and afternoon hours
during the school year.
The contractor shall recruit, select and employ crossing guards and alternate crossing guards are
required to provide coverage at each crossing guards post on each day when guards are required
in accordance with the adopted school calendars provided by the school district. The contractor
is responsible for the application process and determining the suitability and qualifications of the
guards hired. All crossing guards employed by the contractor to perform services under this
contract shall meet the qualification specified in the Scope of Work.
The contractor shall remove, and replace, any assigned personnel deemed unacceptable by
PAISD. Replacement personnel shall be assigned immediately after the removal of any
personnel.
MINIMUM STANDARDS FOR SCHOOL CROSSING GUARDS
Qualifications: Crossing guards provided by the contractor to provide services under this
contract shall:
1. Be at least eighteen (18) year of age
2. Be physically and mentally capable of performing the duties of a crossing guard.
3. Have the ability to give and follow oral instructions.
4. Have the ability to establish and maintain effective working relationships with children,
parents, school official and law enforcement officials.
5. Have the ability to remain calm and use judgment and initiative in an emergency
situation.
6. Be free of any criminal offenses involving children, see Section 6 below.
7. Be capable of speaking fluent English
DUTIES OF CROSSING GUARDS
Crossing guards shall:
1. Halt vehicles when necessary by waving the hand-held"Stop" sign in a manner that will
catch the attention of vehicular traffic until all cars have stopped and children are safely
across the road.
2. Maintain order among children assembled at street crossing points and permit them to
cross only when they can do so safely.
3. Walk the children across the street at the designated cross-walk while continuing to
monitor vehicular traffic and holding the "Stop" sign as high as possible.
4. Once the guard and the children have crossed the street,the guard will lower the sign and
signal the stopped drivers that all is clear and it is sage to continue. At no time will the
guard or the children enter the roadway until all cars have stopped.
5. Report to the Police Department the license plate numbers of motor vehicles who violate
traffic laws or crossing guard instructions.
6. Make the children aware of elements of traffic safety and operation of pedestrian
controls.
7. Report to school authorities the names of children who do not follow safety regulations.
8. Wear a reflective traffic safety vest at all times when on duty.
The guard will never utilize any other means in attempting to stop vehicular traffic. Should a
guard encounter a problem with stopping traffic or encounter any other difficulties which
interfere with crossing guard duties, the guard will notify the Port Arthur Police Department
immediately and request assistance. When children are not present, the guard has not duty to
regulate vehicular traffic and is prohibited from performing this task.
Training will be provided by the Port Arthur Police Department.
The Contractor shall provide a large fluorescent vest with the works "Crossing Guard" in bold
print on the front and rear and a hand-held"Stop" sign for each crossing guard. Guard's attire
should be conservative and suited for the weather.
This Contract will terminate approximately twelve (12) months from date of execution with the
option to renew up to four(1)year periods. PAISD can terminate this contract at its
convenience which includes, but is not limited to,funding not being available in any budget
cycle with thirty (30) days written notice.
EXHIBIT B
SCHOOL CROSSING GUARD LOCATIONS WITHIN PAISD
Item# School Location Morning Afternoon
1 Dequeen 7th & Dequeen 7:00 am—8:00 am 3:00 pm—4:00 pm
2 Dequeen TBD
3 Dick Dowling 6301 Pat Ave. 7:30 am—8:30 am 3:15 pm—4:15 pm
4 Dick Dowling TBD
5 Lee 3900 10th St. 7:15 am—8:15 am 2:45 pm—3:45 pm
6 Lee TBD
7 Sam Houston 36th St. & 5th Ave. 7:30 am—8:30 am 3:15 pm—4:15 pm
8 Sam Houston 39th St. & 5th Ave. 7:30 am—8:30 am 3:15 pm—4:15 pm
9 Travis Lewis Dr. & Lakeview 7:30 am—8:30 am 2:45 pm—3:45 pm
Ave.
10 Travis Imhoff 7:30 am—8:30 am 2:45 pm—3:45 pm
11 Tyrrell 4401 Ferndale 7:30 am—8:30 am 3:15 pm—4:15 pm
12 Tyrrell TBD
13 Washington 1300 Texas Ave. 7:30 am—8:30 am 3:00 pm—4:00 pm
14 Washington TBD
15 Lincoln TBD 7:15 am -
16 TJ TBD
17 TJ TBD
18 Wilson TBD
EXHIBIT C
CONTRACT FOR SCHOOL CROSSING GUARD SERVICES
Pursuant to the Interlocal Agreement between Port Arthur Independent School District
and the City of Port Arthur, THIS AGREEMENT, made this the day of
, 2018, by and between Port Arthur Independent School District, a
governmental unit of the State of Texas, hereinafter called "PAISD," and Kelly Services, Inc. , of
Troy, Michigan, a corporation herein acting by and through its authorized
, , hereinafter called"Contractor."
WITNESSETH
For and in consideration of the payments, terms, conditions, and agreements set forth
herein, PAISD and CONTRACTOR, agree as follows:
Contractor agrees to perform all the work described in the specifications and the
contract documents and comply with the terms therein; two (2) hours per day, five
(5) days a week, holidays excluded, at an hourly rate of $15.91, at a projected
annual cost of$100,000.00, from August 13, to August 31, 2019, with an option
to extend the contract for up to four(1) one-year periods.
The term "Contract Documents" means and includes the following: (a) this
Contract; (b) the Interlocal Agreement between PAISD and the City of Port
Arthur; (c) Addenda; (d) Specifications; and (e) Locations.
This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Agreement in duplicate originals on the date first written
above.
SIGNED on this the day of , 2018.
PORT ARTHUR INDEPENDENT SCHOOL DISTRICT
By:
Dr. Mark Porterie
Superintendent
KELLY SERVICES, INC.
By:
President
EXHIBIT D
AFFIDAVIT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
Kelly Services, Inc. (Contractor), by and through its authorized representative,
, hereby certifies that Contractor does not have outstanding
debts with Port Arthur Independent School District or the City of Port Arthur. Further,
Contractor agrees to pay succeeding debts as they become due.
SIGNED this day of , 2018
KELLY SERVICES, INC.
By:
Name:
Position:
SUBSCRIBED AND SWORN to before me by the above named
, authorized representative of Kelly Services, Inc., on this the
day of , 2018.
NOTARY PUBLIC, STATE OF TEXAS