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sr-012610-8cCity Council Meeting: January 26, 2010 Agenda Item: ~-t/ To: Mayor and City Council From: Joan L. Akins, Director, Community Maintenance Subject: Custodial Services at the Public Safety Facility (PSF) and the Santa Monica Pier Recommended Action Staff recommends that the City Council: 1. Review the costlbenefit analysis of contracted and in-house custodial services at the Public Safety Facility and Santa Monica Pier, and, if appropriate, direct staff to proceed with actions necessary to contract for custodial services at the Public Safety Facility and Santa Monica Pier; and 2. Authorize the City Manager to extend the term of the interim month-to-month purchase order with High Tech Building Maintenance from July 1, 2010 until September 30, 2010 in an amount not to exceed $145,000 and extend the term of the interim month-to-month purchase order with L.A. Cha from July 1, 2010 until September 30, 2010 or until. a new contract is awarded, whichever comes first. Executive Summary On September 22, 2009, the City Council requested that staff prepare a detailed cost/benefit analysis for contracted and in-house custodial services at the Public Safety Facility and the Santa Monica Pier. Staff conducted an analysis of the advantages and disadvantages, including costs and operational issues, of contracting for services compared to providing in-house- custodial services. In accordance with Council- approved contracting criteria related to pooling of contracted employees, transfer of risk, capital investment, space requirements to house staff and equipment, staff recommends that the City Council authorizes the issuance of a Request for Proposals for contracted custodial services at the Public Safety Facility and the Santa Monica Pier. These services have been provided by contract for six and a half years at the Pier and for three and a half years at the PSF. City Council authorization to proceed with a Request for Proposals would be a .continuation of this service delivery option. Contracted services will provide the City with lower costs, prevent initial capital investment, assist with pooling of contracted employees and transfer risk for specialized custodial services. Any eventual contracts will have a 30-day provision to cancel. 1 Background Custodial Services for the PSF and the Pier have been delivered by custodial contractors for the last several years, during which time staff has determined that the existing specifications for both locations needed to be revised to reflect adequate minimum staffing levels and to clarify the specified work. In addition, the recent construction of the expanded restroom complex at the Pier requires more staffing to clean those additional facilities. City Council held study sessions to review previous Council discussions and existing policies on contracting on January 6, 2007, October 13. 2007, and January 17. 2009. On June 27. 2006, formal Bid# 2899 was awarded to L.A. Cha Maintenance for custodial services at the PSF. Since L.A. Cha Maintenance was not able to honor their renewal options, staff has returned to City Council on July 8, 2008, on November 11. 2008, and on September 22, 2009 for various extensions. At that time, Council requested that staff prepare a detailed cost/benefit analysis for contracted and in-house custodial services. In addition, the City Council approved an interim month-to-month custodial services agreement with High Tech Building Maintenance at the Santa Monica Pier on July 28. 2009. In January 2009 Council considered and adopted criteria for contracting for public services. Services may be outsourced when the following conditions apply. • Pooling of contracted employees would provide significant benefits that City staffing could not provide • Contractor staff does not have significant interaction, communication or engagement with the community, as is currently the case at the PSF • Service requires significant equipment or other capital investment and maintenance • Service entails a certain level of risk that the City would rather transfer to an outside company. 2 Discussion The Custodial Services Division was officially formed on July 1, 2007 to consolidate in- house and contract custodial services previously delivered by several City maintenance divisions into one division that is solely responsible for improving the coordination, development, and delivery of these fundamental services. The primary responsibility of the Custodial Services Division is to provide for the cleaning of alt walls, floors, ceilings, furnishings and features in various City facilities including restrooms and locker rooms, windows, blinds, doors, carpet and tile, stairwells and staircases, elevators, and emptying trash and recycling containers. During the two-and-a-half-year period since the division was formed, staff has evaluated the delivery of both in-house and contract services, identified areas of improvement, and developed methods to make those improvements. The division has been implementing these methods and will continue to make steady improvements with either service delivery option. Whether custodial services are provided by in-house or contracted staff, the Division's standard is that all maintenance services should have: 1) Comprehensive, clearly documented contract specifications/performance standards; 2) Proper staffing and supervision levels to perform and oversee the specified work to the prescribed standards; 3) Regular inspections by management of the facilities to verify and measure the work performed; and 4) Consistent enforcement of the provisions contained in the specifications/performance standards and all policy mandates that govern the provision of a public service. This standard meets the Council adopted criteria related to adequate monitoring, oversight, and reporting of contract services. 3 Custodial Services can be delivered by either City staff or contracted staff, and the City has utilized both workforces to deliver these services City wide. In-house staff is supervised and in-house facilities are regularly inspected by Lead Workers, Custodial Supervisors, the Custodial Superintendent and the Custodial Services Manager. Contracted staff is supervised by the contractor and contract facilities are regularly inspected by the Custodial Contracts Administrator and the Custodial Services Manager, who regularly meet with the contractor's supervisors and managers for inspection of contract sites. However, there are differences between in-house and contract services. The following is an analysis of the advantages and disadvantages associated with contracted services and in-house services. Labor Costs Analysis of contractor and in-house services, based on bid results from 2008, demonstrates that custodial contractors typically cost less than in-house custodians to pertorm the same work. Staff estimates that in-house custodial services for the PSF cost $692,000, whereas contractual bids ranged from $278,508 to $463,122 in 2008. Contract employees are only paid for the actual hours worked. Contractors are required to have apre-screened pool of employees ready to fill in for any vacancies. Whenever a contract employee is absent, the contractor is responsible for providing coverage for that absence; with no overtime or other additional costs. However, contract employees are paid less than City employees for providing essentially the same services. Contract employees are paid in accordance with the Living Wage Ordinance. The Living Wage Ordinance adopted by Council in 2005 was meant to address high housing costs and low-income workers in the Los Angeles region by establishing a minimum wage that is higher than the federal and California minimum wages and is adjusted every July according to the previous year's change in the Consumer Price. Index for Urban Wage Earners and Clerical Workers in Los Angeles/Riverside/Orange County. Custodial contract workers are eager to work for the 4 City of Santa Monica due to the higher living wage rate compared to surrounding cities. Previous bid results from 2008 for the PSF from 11 separate bidders showed that all 11 paid less in hourly wages than the City does for comparable positions, even with the Living Wage Ordinance provision. In addition, contract lead workers were paid a smaller supervisory differential over their subordinates compared to City lead workers and the contractors did not pay shift differentials. City employees are paid a higher average hourly rate ($19.67) than the average wage rate paid. to contract employees ($13.28). In addition, in-house permanent employees receive a comprehensive benefit package that includes health insurance, retirement benefits, vacation, sick, and holiday pay. These factors provide employees, as well as candidates who already live in Santa Monica, more of an opportunity to live and work in the same city. CONTRACTOR IN-HOUSE Working Supervisor Custodian II HrI~F?afe ~ Annual; Rate HrIRate '"hnnual Rate ~ Variance Hourly Rate $ 13.50 $ 28,080.00 $ 20 44 $ 42,515.20 51% Fringe Benefit.(stt & cash outs ~~yy~~pp ~..'f~ ~ LY4f~Id.~~~~'~~,7L*','Y~M~y ~ ,~ ~ ~ $ - $ - ~~ s ~ kyj~~~t $ 11.18 $ 223,248.00 .> t~ ~~r.~~„by uux~S~~~~~4 ~~ h t.~i ltGivti' Custodian Hrl Rate Annual Rate Custodian I Hr~,R~te, ~Arinual Rate ~faXiance Hourly Rate $ 13.05 $ 27,144.00 $ 18.90 $ 39,312.00 45% Fringe Benefits & cash outs ..fbi}}~$ j^pv~ y~ ~}4 ('{(T t X p{~ Y y2"""f .. ~FSS~~fI~I~~L~v~"~~~{~U .r~.v $ - ~pnj,' '1 .S P i T zf. ~"${fi. (y~ T:e~ii L'~~#~.~1~ $ 10.85 $ 22,573.00 ~^~y, M1 °R f } 4 ayff^l~b^r. t~?.uh~ni.~.rk~.ri r~!»~~~35:...v ~y~~¢"'2i e~-a~ ~~y L4~L 9ti • Does not include overhead costs • Contract figures based on hourly rate paid to PSF and Pier custodial contract employees 5 City employees are paid a higher hourly rate for providing essentially the same duties that a contractor can provide. The City employee benefit package adds substantial additional costs to the hourly wage. In addition, the City pays approximately 17% of the 2080 regular hours budgeted annually for each permanent employee in vacation time, sick time, holidays, and other hours not actually worked, as well as the cost to back-fill these positions. Employee Benefits Contract employees, who essentially perform the same work as in-house staff, do not typically receive the same benefit package as City employees. Previous bid results from 2008 for the PSF from 11 separate bidders showed that eight companies offered no health benefits to their workers, and three offered limited benefits. In comparison, the City offers employees paid medical insurance and other significant fringe benefits, which provide the employee with a comprehensive benefit package. City benefits translate to an additional 56% hourly rate increase for a City Custodian over the average hourly rate for a contract custodian. These benefits increase the total average hourly rate for City custodians from $19.67 to $30.68. Specialized Service Contractors can provide specialized services, such as multi-story exterior window washing, that require specialized equipment and present an unusual risk to City employees. Contractors can also provide one-time services such as post construction clean-ups and additional staffing for special events. One time services can supplement in-house services and lessen the amount of deferred maintenance or overtime. Contracted, specialized services offer services on an interim .basis as well as technical expertise, and may be provided with a contractor, rather than City equipment, all of which are key factors in working with contractors, per Council direction. 6 Additionally, contracted services allow for the pooling of employees and for adding services on an interim or emergency basis, which are also adopted contracting criteria. This was essential when The Resource Collection went bankrupt in May 2009 and staff had to ensure uninterrupted services at the Pier within a short period of time. However, challenges arise when contractors do not perform as specified or go out of business and have to be replaced. City staff can also perform specialized services such as carpet cleaning, interior window washing, and one-time clean-ups. However, these services occur on schedule only when there are no staff absences. Staff absences require other employees to cover for that absence and defer other scheduled activities, perform the absent employee's work on overtime or with as-needed employees at additional cost, or to defer the work until the employee returns. Recruitment. Supervision. Management and Liability Issues An in-house custodial work force requires support services from several City departments. Custodial staff are initially recruited by Human Resources, and continue to interact with Human Resources staff regarding benefits, disciplinary procedures, and certain trainings. Custodial staff are fundamentally trained, scheduled, supervised, and managed by Community Maintenance. There are ongoing expenditures for uniforms, vehicles, and cleaning equipment. Operational and liability issues require the support of Risk Management, the City Attorney's office, Finance, and other divisions within Community Maintenance, such as Fleet Maintenance. Disciplinary procedures and employee complaints must be founded or unfounded and result in significant additional time and cost factors, such as those associated with personnel investigations. For example, one investigation process for an appealed termination recently cost the City $40,000 in independent investigator fees. The termination was ultimately upheld by the Personnel Board. 7 8y contracting -for services, recruitment, training, employee supervision, employee behavior, workers compensation and liability issues become the primary responsibility of the contractor. This results in a significantly reduced need for support services and personnel from other City departments. Employee lost time, work related injury, and public liability claims are assumed by the contractor, who is required to have a screened pool of candidates available to fill in for any vacancies or deficiencies. The City has had problems with contractors that did not perform as specified, did not correct their deficiencies as directed, and needed to be replaced by a more responsible contractor. In addition, a contractor may file for bankruptcy without informing its employees or the City of their financial standings. Contracted services increase the work load for Purchasing. Filling in-house vacancies can take a long time. The length of time from request to hire can take anywhere from 3-4 months. A staff vacancy can result in deferred cleaning tasks and reduced cleaning frequencies, or in other employees covering the vacancy with hours in excess of their regular Schedule at an overtime rate and/or paying as- needed workers to perform the tasks. Result of Analysis A comparison of hourly rates and benefits, excluding overhead costs, demonstrates in- house services cost 131% more than contracted custodial services. In light of the current economy, and based on the contracting criteria adopted by Council, including the benefits that pooling of contract employees provides, the capital investment and equipment purchases that are passed on to the contractor, and the transference of liability and special risk services such as exterior window washing at the PSF, staff recommends continuing to deliver the custodial maintenance services for the PSF and Pier by contract.- These services have been provided by contract for six and a half years at the Pier and for three and a half years at the PSF. A Request for Proposals and new contracting process would continue this service delivery option. 8 The Custodial division would continue to manage custodial services contracts and ensure that contractors are compliant with contract specifications. Contracts would have a 30-day provision to cancel and a provision to immediately remove and replace any incompetent contract employee. Based on 2008 bids, costs for contracted services at the PSF are estimated to be in the range of $278,508 to 463,122. Pier costs are unknown as no formal bids have recently been undertaken and the scope of work has changed due to completion of central restroom construction. Alternatives If the City were to bring custodial services for the PSF and the Pier in-house, staff estimates that the on-going cost will be approximately $692,000 at the PSF and approximately $909,000 at the Pier. In addition, one-time start-up costs are estimated to be approximately $68,600 at the PSF and approximately $21,100 at the Pier. Staff city-wide have .been directed to explore and take advantage of cost recovery, operational efficiencies and savings opportunities to balance the budget. Bringing services in-house would increase costs. Additional savings would need to be identified to fund the increases for custodial services at the PSF and the Pier. Cuts within the Custodial division would result in a drastic reduction in cleaning frequencies as well as an associated reduction in workforce. Financial Impacts & Budget Actions Staff has requested an additional appropriation in the amount of $82,500 as part of the Mid Year Budget staff report for Council's consideration on 1/26/2010 in order to continue custodial contract services through June 30, 2010 at the Santa Monica Pier. Funds to extend the interim month-to-month purchase order with High Tech Building Maintenance in an amount of not to exceed $145,000 from July 1, 2010 until September 9 30, 2010 will be included in the FY2010/11 Proposed Budget. Additional funds for custodial services, either in-house or by contract, will be necessary for the remainder of FY2010/11 Depending on the direction from the City Council, staff will request additional funds to cover increased costs for moving these services in-house or to cover increases in contractual costs that are unknown until bids are received. These costs will be included in the Community Maintenance Department's Maintenance of Effort FY2010-11 Proposed Budget. Prepared by: Joe McGrath, Custodial Services Manager Approved: Forwarded to Council: .- Jo`~n L. Akins "'P.,L~ayv(ont Ewell Director, Community Maintenance Ci anager 10