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HomeMy WebLinkAboutPR 22065: PAISD FOR THE SCHOOL CROSSING GUARD PROGRAM INTEROFFICE MEMORANDUM Date: July 28,2021 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Timothy Duriso, Chief of PoliceZ,�'5c)5P RE: PR 22065- Interlocal Agreement with the Port Arthur Independent School District for the school crossing guard program. Introduction: The intent of this Agenda Item is to seek the City Council's approval to enter into an interlocal agreement with the Port Arthur Independent School District (PAISD) for the school crossing guard program, not to exceed $50,000. Background: The city of Port Arthur and the Port Arthur Independent School District (PAISD), have agreed in lieu of establishing their own school crossing guard program, PAISD shall outsource school crossing guards services for the benefit of PAISD and the city of Port Arthur in the amount of $14.95 per hour with an annual projected budgetary impact not to exceed $100,000, with the option to renew for (1) one-year term.. Budget Impact: Funding available in account number 001-17-045-5420-00-30-000, not to exceed $50,000. Recommendation: 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. P.R. No. 22065 7/8/21 jh/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, NOT TO EXCEED $50, 000; FUNDING AVAILABLE IN ACCOUNT NO. 001-17-045-5420- 00-30-000 WHEREAS, in July 2021 , the Port Arthur Independent School District (PAISD) requested quotes through the TIPS- USA Purchasing Cooperative and selected Kelly Services, Inc . of 999 West Big Beaver Rd. , Troy, Michigan, for crossing guard services, with an option to renew for an additional (1) one-year term. 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 $14 . 95 per hour with a total contract cost of $100 , 000 , with the option to renew for (1) one-year term; 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 total contract cost of $100 , 000 per year, and the City shall be responsible for the remaining 50%, in substantially the same form as attached here to 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 . 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" . P.R. No. 22065 Section 3. That a copy of the caption of this resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of August, A.D. , 2021, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES: Mayor: Councilmembers : NOES : Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Val Tizeno City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton City nager Timothy D riso Police Chief P.R.No. 22065 APPROVED AS TO AVAILABILITY OF FUNDS: Av c , c*b),e,. ;n Kandy Daniel Interim Finance Director P.R. No. 22065 EXHIBIT "A" 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 July 2021, PAISD requested quotes through the TIPS-USA Purchasing Cooperative and selected Kelly Services, Inc. of 999 West Big Beaver Rd., Troy, Michigan 48084 (hereinafter, "Kelly") the contract for the crossing guard services, with an option to renew for an additional 1 one-year term. 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$14.95 per hour with an annual projected budgetary impact not to exceed$100,000.00, with the option to renew for 1 one-year term. 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 Kelly Services, Inc., 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 1, 2021, and Ending August 31, 2022. III. Dr. Mark Porterie, Superintendent of PAISD, is hereby authorized by this Agreement to contract with Kelly Services, Inc. to provide crossing guard services to PAISD and the City in the amount of $14.95 per hour, with an annual projected budgetary impact not to exceed $100,000.00. 1 IV. The specifications (scope, standards, duties, etc.) of work to be provided by Kelly Services are more particularly described in Exhibit A. The Locations of where the services are to be provided within PAISD 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. V. 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. VI. PAISD is to maintain accurate records for invoicing. These records will be made available for the City to review upon request. VII. PAISD shall be responsible for 50%of the actual cost of the crossing guard services to be provided by Kelly, not to exceed $100,000.00, and the City shall be responsible for the remaining 50%. VIII. PAISD will submit two invoices per year to the City. The first invoice will be submitted for payment by January 15, 2022 (for previous year's hours) which will be due by February 15, 2022. The second invoice will be submitted by June 15, 2022; which will be due by July 15, 2022. 2 IX. In connection with this Agreement, notification shall be as follows: City of Port Arthur Ronald Burton, 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 X. Either party may cancel this Agreement without cause by providing 60 days written notice to the other party of its intent to do so. XI. 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. XII. 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 , 2021. PORT ARTHUR INDEPENDENT CITY OF PORT ARTHUR SCHOOL DISTRICT By: By: Dr. Mark Porterie Ronald Burton Superintendent City Manager 3 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(13) 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 no 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 one (1) successive, one (1)year extension, based on the long-range needs of the District and mutual consent of both parties. EXHIBIT B SCHOOL CROSSING GUARD LOCATIONS WITHIN PAISD School Location Morning Afternoon 1 Dequeen 7th &Dequeen 7:15 am—8:30 am 3:00 pm-4:00 pm 2 Lakeview 3900 10th St. 7:15 am—8:30 am 2:45 pm—3:45 pm 3 Sam Houston 36th St. & 5th Ave. 7:15 am—8:45 am 3:00 pm—3:45 pm 4 Sam Houston 39th St. & 5th Ave. 7:15 am—8:45 am 3:00 pm—3:45 pm 5 Travis Lewis Dr. & Lakeview Ave. 7:15 am—8:20 am 2:45 pm—4:00 pm 6 Travis Imhoff 7:15 am—8:20 am 2:45 pm—4:00 pm 7 Tyrrell 4401 Ferndale 7:30 am—8:30 am 3:15 pm—4:15 pm 8 Tyrrell Sunken Court 7:30 am—8:30 am 3:15 pm—4:15 pm 9 Washington 1300 Texas Ave. 7:30 am—8:30 am 3:00 pm—4:00 pm 10 Lincoln 1023 Abe Lincoln Ave. 7:15 am—8:45 am 3:45 pm—4:45 pm 11 Thomas Jefferson 2200 Jefferson Dr. 7:45 am—8:45 am 3:45 pm—4:30 pm 12 Port Acres 5900 Jade Ave & 58th Street 7:15 am—8:30 am 3:00 pm—4:00 pm 13 Wilson Early College 1500 Lakeshore Dr. 7:30 am—8:30 am 3:00 pm—4:00 pm 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 2021, 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 representative, 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 $14.95, at a projected annual cost of $100,000.00, from August 1, 2021, to August 31, 2022, with an option to extend the contract for one(1), one-year period. 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 , 2021. 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 , 2021 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 , 2021. NOTARY PUBLIC, STATE OF TEXAS CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 11 Name of vendor who has a business relationship with local governmental entity. J Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference. below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§ 176.006(a)and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015