Public Safety & Welfare Committee

City Of Verona PUBLIC SAFETY AND WELFARE COMMITTEE MONDAY, DECEMBER 16, 2019 AT 6:30 P.M. COUNCIL CHAMBERS VERONA CITY CENTER 111 LINCOLN STREET, VERONA, WI 53593 AGENDA 1. Call to order 2. Roll Call 3. Approval of Minutes from the November 18, 2019 Public Safety and Welfare Committee meeting 4. Public Comment 5. Discussion and Possible Action Re: A Combination Class “A” Beer and “Class A” Liquor license application from Verona Mart, Inc., d/b/a Verona Mobil, 101 East Verona Avenue, Verona, Wisconsin, Ijaz Afridi, Agent 6. Discussion and Possible Action Re: City of Verona Warming and Cooling Center Policy 7. Discussion and Possible Action Re: Agreement for crossing guard services 8. Adjournment Heather Reekie, Chairperson POSTED: Verona City Hall Verona Public Library Miller & Sons Market City Web Page at: www.ci.verona.wi.us IF YOU NEED AN INTERPRETER, MATERIALS IN ALTERNATIVE FORMATS OR OTHER ACCOMODATION TO ACCESS THE MEETING, PLEASE CONTACT THE CITY CLERK AT 608-845-6495 AT LEAST 48 HOURS PRECEDING THE MEETING. EVERY REASONABLE EFFORT WILL BE MADE TO ACCOMMODATE YOUR REQUEST.  CITY OF VERONA PUBLIC SAFETY AND WELFARE COMMITTEE NOVEMBER 18, 2019 VERONA CITY HALL MINUTES 1. Call to order: Heather Reekie called the meeting to order at 6:30 p.m. 2. Roll Call: Heather Reekie, Katie Kohl and Evan Touchett were present. Also present: Police Chief Bernie Coughlin and City Clerk Ellen Clark. 3. Approval of Minutes: Motion by Touchett, seconded by Kohl, to approve the minutes from the November 11, 2019 Public Safety and Welfare Committee meeting. Motion carried 3-0. 4. Public Comment: There was no public comment. 5. Discussion Re: Updating bail/bond schedule. Coughlin explained that the City’s bail/bond schedule is in need of an update. Municipal Judge Bill Weigel is in agreement with the Police Department taking the first step to recommend changes to the schedule. The schedule is not a comprehensive list of City ordinances; it includes only those that are likely to be enforced on a regular basis. Current ordinances that contain verbiage relating to fine amounts allowed will be reviewed, and the permitted fines will be listed in the updated schedule. Upon completion of the updates by Police Department Staff, the schedule will be reviewed by Judge Weigel and Chief Coughlin, and will then come back to the Public Safety and Welfare Committee for review and recommendation to the Common Council for approval. 6. Adjournment: Motion by Touchett, seconded by Reekie, to adjourn at 6:45 p.m. Motion carried 3-0. Ellen Clark, City Clerk PUBLIC SAFETY & WELFARE COMMITTEE - 2019-12-16 5. Discussion and Possible Action Re: A Combination Class “A” Beer and “Class A” Liquor license application from Verona Mart, Inc., d/b/a Verona Mobil, 101 East Verona Avenue, Verona, Wisconsin, Ijaz Afridi, Agent Ijaz Afridi is purchasing Verona Mobil from the current owner, Gruprit Brar, and has applied for a new license for the property. The property is scheduled to change hands on December 17 th. Motion: To recommend to the Common Council to approve the Class “A” Beer and “Class A” Liquor license application for Verona Mart, Inc., 101 East Verona Avenue, Verona, WI, Ijaz Afridi, Agent. 6. Discussion and Possible Action Re: City of Verona Warming and Cooling Center Policy The proposed policy would provide guidance for the activation of City facilities as warming and cooling centers when the National Weather Service issues a wind chill warning, a heat advisory, or excessive heat warning. The policy would designate the Library and Senior Center as warming and cooling centers. These locations would serve as temporary locations where citizens would be safe and comfortable during extreme temperature events. Staff recommends approval of the Warming and Cooling Center Policy. Motion: To recommend to the Common Council to approve the City of Verona Warming and Cooling Center Policy. 7. Discussion and Possible Action Re: Agreement for crossing guard services The proposed Agreement with All City Management Services would provide crossing guard services for the City. The contract would end on December 31, 2020 with the potential for an extension. The cost for services in 2020 is to not exceed $124,250. The contract also includes language that provides the City with a credit of $40 per hour, per location staffed by City personnel. The 2020 Police Department budget included $125,000 for crossing guard services and the proposed agreement is less than the budgeted amount. Staff recommends approval of the agreement for crossing guard services, subject to final review by the City Administrator and City Attorney. Motion: To recommend to the Common Council to approve the Agreement with All City Management Services for crossing guard services with the condition that the approval is subject to final review by the City Administrator and City Attorney.  CITY OF VERONA ADMINISTRATIVE POLICY WARMING AND COOLING CENTER Title: Warming and Cooling Center Policy Policy Source: Public Safety Committee Creation Date: 12/16/2019 Application: City Facilities Revision Date: NA 1. Purpose The City believes that providing a public warming and cooling center during extreme temperature conditions will help protect citizens that would otherwise be exposed to those extreme conditions. The City’s goal is to provide a safe and comfortable space within which citizens may maintain a safe body core temperature in the event the National Weather Service issues a wind chill warning, a heat advisory, or excessive heat warning. The intent of this document is to provide guidance for the activation of the City warming and cooling center. A warming and cooling center is a temporary facility that is made available during extreme temperature conditions when normal coping mechanisms in the home are ineffective or unavailable. 2. Policy The following locations are designated as the City warming and cooling centers:  Verona Public Library – 500 Silent Street  Verona Senior Center – 108 Paoli Street In the event of forecasted extreme weather, the City Administrator, in conjunction with the Emergency Preparedness Director, will determine whether to publicly announce the designation of the warming or cooling center. In general, the designated City buildings will continue to operate within normal hours and policies during a warming or cooling center designation. Modifications to the hours of operation may occur in cases of extreme cold, power outages, and/or staffing shortages, subject to approval by the Emergency Preparedness Director, in conjunction with the City Administrator. Any changes to the hours of operation will be publicly announced by the City through media and social media outlets. Based on space and public demands, selected City buildings may designate a room or location in the building as the warming or cooling area. Designation of a specific warming or cooling area location within the building, and hours of operation during a warming and cooling center designation, shall be subject to approval by the City Administrator. The warming and cooling center is not an overnight shelter, homeless shelter or pet shelter. A designation as a warming or cooling center is intended to continue for a limited number of days, and limited services will be provided during that designation. The center is not a daycare for children, elderly, or others who cannot care for themselves. Individuals who use the center are expected to return to their homes when the center is closed. During emergency situations, other City facilities or buildings may be designated as warming or cooling centers, subject to approval by the City Administrator.  AGREEMENT FOR CROSSING GUARD SERVICES This AGREEMENT FOR CROSSING GUARD SERVICES (the “Agreement”) is dated December __, 2019 and is between the CITY OF VERONA (hereinafter called the "City"), and ALL CITY MANAGEMENT SERVICES, INC., a California corporation (hereinafter called the "Contractor"). WITNESSETH The parties hereto have mutually covenanted and agreed as follows: 1. This Agreement is for a period which commences on Contractor’s best availability on or about January 2, 2020 and ends on December 31, 2020 and for such term thereafter as the parties may agree upon by written amendment to this contract. Service shall continue on a best availability basis until April 1, 2020. Contractor shall update City as to personnel ready to deploy. City agrees to provide site locations for Contractor to then assign and deploy Crossing Guards. Contractor shall assume liability for only those sites agreed to by both Contractor and the City by written amendment stating effective date of assignment. 2. The Contractor will provide ten (10) personnel for the City of Verona equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a “Crossing Guard”. Contractor will perform criminal background checks and confirm employment eligibility through E-Verify on all prospective personnel. The Contractor is an independent contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City. 3. The City’s representative in dealing with the Contractor shall be designated by City of Verona. 4. The City shall determine the locations where Crossing Guards shall be furnished by the Contractor. The Contractor shall provide at each designated location personnel properly trained as herein specified for the performance of duties as a Crossing Guard. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with the terms of this Agreement. 5. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location and agrees to provide immediate replacement. 6. In the performance of its duties the Contractor and all employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and all applicable laws of the state in which the Services are to be performed. 7. Persons provided by the Contractor as Crossing Guards shall be trained in all applicable laws of the state in which the Services are to be performed pertaining to general pedestrian safety in school 1  crossing areas. 8. Crossing Guard Services (the “Services”) shall be provided by the Contractor at the designated locations on all days in which school is in session in the area under City’s jurisdiction. The Contractor also agrees to maintain communication with the designated schools to maintain proper scheduling. 9. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand held Stop signs and any other safety equipment which may be necessary. 10. The Contractor shall at all times provide workers' compensation insurance covering its employees and shall provide and maintain liability insurance for Crossing Guard activities. The Contractor will provide to the City a Certificate of Insurance naming the City and its officials, officers and employees as additional insureds. Such insurance shall include commercial general liability with a combined single limit of not less than $1,000,000.00 per occurrence and in aggregate for property damage and bodily injury. Such insurance shall be primary with respect to any insurance maintained by the City and shall not call on the City's insurance contributions. Such insurance shall be endorsed for contractual liability and personal injury and shall include the City, its officers, agents and interest of the City. Such insurance shall not be canceled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the City. 11. Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees, agents and representatives, from and against any and all actions, claims for damages to persons or property, penalties, obligations or liabilities (each a “Claim” and collectively, the “Claims”) that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the sole negligent acts or omissions, or willful misconduct, of Contractor, its agents, employees, subcontractors, representatives or invitees. a) Contractor will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses including attorney's fees incurred in connection herewith. b) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the sole negligence of Contractor hereunder, Contractor agrees to pay City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers agents or employees in such action or proceeding, including, but not limited to, reasonable attorney's fees. c) In the event that a court determines that liability for any Claim was caused or contributed to by the negligent act or omission or the willful misconduct of City, liability will be apportioned between Contractor and City based upon the parties’ respective degrees of culpability, as determined by the court, and Contractor’s duty to indemnify City will be limited accordingly. 2  d) Notwithstanding anything to the contrary contained herein, Contractor’s indemnification obligation to City for Claims under this Agreement will be limited to the maximum combined aggregate of Contractor’s general liability and umbrella insurance policies in the amount of $9,000,000 (Nine Million Dollars). 12. Either party shall have the right to terminate this Agreement by giving sixty (60) days written notice to the other party. 13. The Contractor shall not have the right to assign this Agreement to any other person or entity except with the prior written consent of the City. 14. The City agrees to pay the Contractor for the Services rendered pursuant to this Agreement the sum of Twenty-four Dollars and Eighty-five Cents ($24.85) per hour (based on actual hours worked), per Crossing Guard during the term. Based on an estimated 5,000 annual program hours, the total annual cost shall not exceed One Hundred Twenty-four Thousand, Two Hundred and Fifty Dollars ($124,250.00), unless Contractor fails to perform service. 15. Effective April 1, 2020, if the Contractor fails to provide service to a location where Crossing Guards are required, when school is in session as specified by adopted school calendars for Verona Area School District, the Contractor shall pay or credit to City a penalty of Forty Dollars ($40.00), per hour, per location that is staffed by City personnel. It is understood this penalty will be assessed in the interest of assuring that each location has the required coverage at all times during the period of this contract. 16. Payment is due within thirty (30) days of receipt of Contractor’s properly prepared bi-weekly invoice. 17. Contractor may request a price increase during the term as a result of any legally-mandated increases in wages or benefits imposed in the state or municipality in which the Services are to be performed and to which Contractor’s employees would be subject. Contractor shall provide City with 60 days- notice of its request to increase pricing. City agrees to review and respond to said notice within 30 days of receipt. 18. The City shall have an option to renew this Agreement. In the event this Agreement is extended beyond the end of the term set forth above, the compensation and terms for the Services shall be established by mutual consent of both parties. 19 This Agreement constitutes the complete and exclusive statement of the agreement among the parties with respect to the subject matter hereof and supersedes all prior written or oral statements among the parties, including any prior statements, warranties, or representations. This Agreement is binding upon and will inure to the benefit of the parties hereto and their respective heirs, administrators, executors, successors, and assigns. Each party hereto agrees that this Agreement will be governed by the law of the state in which the Services are to be performed, without regard to its conflicts of law provisions. Any amendments, modifications, or alterations to this Agreement must be in writing and signed by all parties. There will be no presumption against any party on the ground that such party was responsible for preparing this Agreement or any part of it. Each provision of this Agreement is severable from the other provisions. If any provision of this Agreement is declared invalid or contrary to existing law, the inoperability of that provision will have no effect on the remaining provisions of the Agreement which will continue in full force and effect. 3 [SIGNATURES FOLLOW ON NEXT PAGE] 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year written below. CITY CONTRACTOR City of Verona All City Management Services, Inc. By_____________________________ By______________________________ Signature D. Farwell, Corporate Secretary _____________________________ Print Name and Title Date____________________________ Date____________________________ 5