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HomeMy WebLinkAbout1991-08-27 - AGENDA REPORTS - AGMT GRAFFITI REMOVAL (2)AGENDA REPORT City Manager Approval: Items to be presented by: John E. Medina CONSENT CALENDAR DATE: August 27, 1991 SUBJECT: AGREEMENT FOPnIGRAFFITI REMOVAL DEPARTMENT: Public Wor /rl BACKGROUND The City Council, in its meeting of June 25, 1991, directedstaff to investigate the City of Glendale's graffiti removal program. Staff has completed its.investigation and finds that the program, which appears to be very good, but is expensive. The cost of the program is $315,000 per year which includes four (4) maintenance and one (1) office worker to remove graffiti and provide community education programs. The Canyon Country Chamber Pride Committee has been providing the City with this service for the last several years. The Pride Committee members are volunteers usually working weekends. The Pride Committee and Councilwoman Klajic have utilized, on a free basis, the Los Angeles County Probation Department (Juvenile Alternative Work Service) with great success. Staff believes that to date our graffiti problem is not as great as the City of Glendale's and a less expensive program could achieve similar results. Our proposal is to supplement the Pride Committee's graffiti removal program with the Juvenile Alternative Work Service. The City's administration of the graffiti program would be in two phases. The first phase of the program would commence upon the signing of the attached agreement and trustees would assist the Pride Committee volunteers in weekend graffiti removal. The second phase would commence when the Department of Public Works is sufficiently staffed to administer the program and coordinate the removal.program in cooperation with the Pride Committee. The notifying of private property owners under Phase One would be continued under the direction of the Pride Committee. The notifying of private property owners under Phase Two would be assumed by City staff. APPROVED Agenda Item: AGENDA REPORT AGREEMENT FOR GRAFFITI REMOVAL AUGUST 27, 1991 PAGE 2 The program whereby the City of Santa Clarita contracts to have ten to fourteen juveniles (with supervision) to remove graffiti would cost $400 per day. It is staff's recommendation that we contract for approximately fifty (50) days per year for a cost of $20,000 plus the cost of paint which we are estimating to be approximately $5,000; however volunteered paint as currently received by the Pride Committee would still be pursued. The City's total contribution to the graffiti removal program will be $45,000.00, with the already approved $20,000.00 for the intern position and with this request for an additional. $25,000.00 for county probation department. RECOMMENDATION Approve the attached Agreement with the L. A. County Probation Department and transfer $25,000 for approximately fifty (50) days of service from Contingency Reserve Account, Account No. 01-4101- 290 to Weed Abatement -Contractural Services, Account No. 02-6507- 227. Agreement with the L. A. County Probation Department JM/DOW/cf/graffiti THIS day of Angeles, a "COUNTY". A G R E E M E N T AGREEMENT is made and entered.into this 19 , by and between the County of Los body corporate and politic, hereinafter referred to. as AND CITY OF SANTA CLARITA hereinafter referred to as "CONTRACTOR". W I T N E S S E T H WHEREAS, COUNTY, through the Probation Department, is authorized to conduct the Juvenile Paid Work Crew Program, hereinafter.referred tows "The Program", pursuant to Sections 236, 730, and 883 of the Welfare and Institutions Code and as otherwise permitted by law; and/or WHEREAS, COUNTY, through the Probation Department, is authorized to conduct the Juvenile Alternative Work Service Program, hereinafter referred to as "The Program"; and/or WHEREAS, COUNTY, through the Probation Department pursuant to Penal Code Section 1203.1 is authorized to conduct the Probation Adult Alternative Work Service Program, hereinafter referred to as "The Program"; and WHEREAS, CONTRACTOR desires to utilize the specific Program Services indicated below; NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: The COUNTY will provide: [ ] Juvenile Paid Work Crew A. Supervised work crew of juvenile probationers (hereinafter referred to as "minors") to perform such services as described in B below or in Attachment _ which is.made a part of this Agreement. B. The minors will perform work consisting primarily of an unskilled variety e.g., weed eradication, graffiti removal and grounds cleanup. In the performance of these duties, minors may operate motorized devices such as mowers, edgers, leaf blowers, hedge trimmers and chain saws. Those minors operating said devices will require advance standardized training in one or all of the devices mentioned. Completion of said COUNTY - provided training shall be documented. C. The minors shall work an eight hour day which includes travel time, a morning and afternoon break, and have a one-half hour supervised lunch break with lunch provided by the COUNTY. Work will be performed on weekdays, and times mutually agreed to by both the COUNTY and CONTRACTOR. D. Notwithstanding the above, work crew and minors shall be subject to sole direction of COUNTY. If COUNTY needs are such that require temporary suspension of crew work, COUNTY has authorization to suspend until further notice. In case of temporary suspension of crew work, CONTRACTOR will be immediately notified. E. COUNTY will provide the basic complement of tools, equipment and workday transportation incidental to minors performing their work. All special required equipment will be provided by CONTRACTOR. [g] Juvenile Alternative Work Service A. Supervised work crew of 10-14- juvenile probationers (hereinafter referred to as "minors") to perform such services as described in B below or in Attachment , which is made a part of this Agreement. B. The minors will perform work consisting primarily of an unskilled variety e.g., weed eradication, graffiti removal and grounds cleanup. C. The minors shall work an eight hour day which includes travel time, a morning and afternoon break, and have a one-half hour supervised lunch break with lunch provided by the COUNTY. Work will be performed on weekends, and times mutually agreed to by both the COUNTY and CONTRACTOR. D. Notwithstanding the above, work crew and minors shall be subject to sole direction of COUNTY. If COUNTY needs are such that require temporary suspension of crew work, COUNTY has authorization to suspend until further notice. In case of temporary suspension of crew work, CONTRACTOR will be immediately notified. 2 [X] E. COUNTY will provide the basic complement of tools, equipment and workday transportation incidental to minors performing their work. All special required equipment will be provided by CONTRACTOR. Probation Adult Alternative Work Service A. Supervised work.crew of 7-10 adult probationers (hereinafter referred to as "probationers") to perform such services as described in B below or in Attachment _ which is made a part of this Agreement. B. The probationers will perform work consisting primarily of an unskilled variety e.g., weed eradication, graffiti removal and grounds cleanup. C. The probationers shall work an eight hour day which includes travel time, a morning and afternoon break, and have a one-half hour supervised lunch break with lunch provided by the COUNTY. Work will be performed on weekdays, and times mutually agreed to by both the COUNTY and CONTRACTOR. D. Notwithstanding the above, work crew and probationers shall be subject to sole direction of COUNTY. If COUNTY needs are such that require temporary suspension of crew work, COUNTY has authorization to suspend until further notice. In case of temporary suspension of crew work, CONTRACTOR will be immediately notified. E. COUNTY will provide the basic complement of tools, equipment and workday transportation incidental to probationers performing their work. All special required equipment will be provided by CONTRACTOR. II COUNTY and CONTRACTOR agree that minors and/or probationers will not be assigned to work in or under unsafe environments or operate motor vehicles. III COUNTY shall provide staff who will, under the direction of The Program Director, supervise work crew members. Supervision shall be the sole responsibility of The Program Director or supervising staff and all decisions of The Program Director and supervising staff with respect to work performance shall be final. Juvenile and Adult crews shall not be allowed to commingle. 3 IV COUNTY agrees that it will be solely responsible for and assumes liability for the direct payment of any salaries, wages or other compensation related to program services hereunder other than the per -diem payment to be paid by CONTRACTOR pursuant to Agreement Provision X. u A. CONTRACTOR agrees to indemnify, save, defend and hold harmless COUNTY, its agencies, agents, officers, other contractors, and employees from and against any and all liability, damages, suits, cost of suit, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to workers' compensation, bodily injury, death, personal injury, or property damage arising out of or caused by CONTRACTOR's errors or omissions, or dangerous conditions of property connected with, either directly or indirectly, CONTRACTOR's operations or its services hereunder. B. COUNTY agrees to indemnify, save, defend and hold harmless CONTRACTOR, its agencies, agents, officers, other contractors, and employees from and against any and all liability, damages, suits, cost of suit, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to workers' compensation, bodily injury, death, personal injury, or property damage arising out of or caused by COUNTY's and/or minors' and/or probationers' acts or omissions connected with, either directly or indirectly, COUNTY's operations or its services hereunder. VI Both parties agree that title and ownership of all equipment, materials and supplies used in the performance of The Program project shall remain the property of the CONTRACTOR, or COUNTY, as appropriate, unless otherwise mutually agreed to in writing. VII In the event of cancellation of this Agreement, CONTRACTOR and COUNTY shall not be liable for expenses incurred under this Agreement after the date of. termination. 4 VIII The term of this contract shall be for the current fiscal year, but it will be automatically extended thereafter in one- year increments unless either party serves written notice on the other party at least thirty (30) days prior to such expiration date of its intent to terminate or to amend the terms herein. In any event, the COUNTY may immediately terminate this Agreement if minors and/or probationers safety or health are considered imperiled; should the authority for this program terminate, or should the COUNTY decide that the needs of the COUNTY warrant termination. IX CONTRACTOR agrees that there will be no publicity concerning this program without the express written permission of the COUNTY. The names of the minors and/or probationers involved in this program will remain confidential. In consideration of the above, CONTRACTOR agrees to pay the COUNTY the sum of $ 350 per day per work crew upon presentation of a monthly.invoice to CONTRACTOR. said invoice to be paid within thirty (30) days after presentation, provided, however, that when the average monthly crew size as defined in Paragraph IA falls below the minimum number per work crew, the per diem rate per crew shall be reduced pro -rata, to offset any reduced level of service, on the basis of five percent reduction in the per diem rate per crew for each minor and/or probationer by which the crew falls below the minimum. XI Payment for a partial days work, due to unsafe and dangerous working conditions or inclement weather, shall be pro rated based on the number of hours worked. XII COUNTY reserves the right to change any portion of the work provided under this Agreement, or amend such other terms and conditions which may become necessary. Any such revisions shall be accomplished in the following manner: 5 For any change which does not materially affect the scopeof work, period of performance, payments, or any other term or condition included under this Agreement, a Change Notice shall be prepared and signed by COUNTY's Contractor Director. For any revision which materially affects the scope of work, period of performance, payments, or any term and condition included in this Agreement, a negotiated modification to this Agreement shall be executed by the County Board of Supervisors and CONTRACTOR. As used herein, the term "materially" is defined as being a change of more than $50.00 per day per work crew each fiscal year, a change of more than ninety (90) days to any period of performance or a change in work required which in the sole discretion of the COUNTY's Contract Director warrants execution by the Board of Supervisors. XIII Notices and correspondence related to the performance shall be sent by first-class mail or hand delivered to the following addresses: County Contractor County of Los Angeles City of Santa Clarita Probation Department 25663 Avenue Stanford 9150 East Imperial Highway Santa Clarita, California 91355 Downey, California 90242 , Attention: John E. Medina, Attention: Larry Schryver Director of -Public Works (213) 940-2874 (805)294-2500 XIV This Agreement shall be construed in accordance with and governed by the.laws of the State of California. 11 In WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement to be subscribed by the Chairman, and the Seal of said Board to be hereto affixed and attested by the Executive Officer and Clerk hereof, and the CONTRACTOR has caused this Agreement to be signed by its duly authorized officers, the day, month and year first above written. The Officer signing on behalf of CONTRACTOR warrants and represents under penalty of perjury that he or she is authorized to bind contract agency. By Chief Probation Officer By (Title of CONTRACTOR Official) Approved As To Form: DeWitt W. Clinton County Counsel By Hal Melom Deputy County Counsel