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HomeMy WebLinkAboutContracts & Agreements_46-2004_CCv0001.pdf Contract - DUI Enforcement and Collision Reduction Support - On motion of Councilmember George, seconded by Councilmember Gilbreath, the City Council unanimously approved a contract with the City of Victorville Police Department to provide police services for driving under the influence enforcement efforts, and authorized the Mayor and City Clerk to execute the contract on behalf of the City. PLANNING AND COMMUNITY DEVELOPMENT Residential Development Allocations - Community Development Director Shaw reviewed the following applications for residential development allocations for the first quarter of 2004: 1. RDA 2004-1-01 - A Residential Development Allocation request for five (5) allocations for Tentative Tract No. 16174, an approved residential subdivision consisting of 68 lots on 30 acres generally located on the north side of Pioneer Avenue, approximately 440 feet east of Occidental Drive - Centex Homes, Applicant. 2. RDA 2004-1-02 - A Residential Development Allocation request for 23 allocations for Tentative Tract No. 15469, an approved residential subdivision consisting of 23 lots on 110 acres generally located south of the terminus of Sutherland Drive - Silverleaf Development 11, LLC, Applicant. 3. RDA 2004-1-04 - A Residential Development Allocation request for 10 allocations for ten residential units on five existing R-2 lots on 0.73 acres at the northeast comer of Colton Avenue and Herald Street - Thomas Overturf, Applicant. 4. RDA 2004-1-05 - A Residential Development Allocation request for 43 allocations for Tentative Tract No. 16359, an approved residential subdivision consisting of 43 lots on 14 acres generally located on the east side of Texas Street, north of Pioneer Avenue - KB Homes, Applicant. Due to a potential conflict of interest, Councilmember Harrison retired from the Council Chambers and did not vote on RDA 2004-1-02; a Public Disclosure of Potential Conflict of Interest form is on file in the City Clerk's Office. Councilmember Gilbreath moved to accept the recommendation of the points to be awarded to RDA 2004-1-02, Silverleaf Development 11, LLC, and to approve an allocation of 23 units to RDA 2004-1-02, Silverleaf Development 11, LLC. Motion seconded by Councilmember George and carried unanimously. Councilmember Harrison returned to the meeting. Councilmember Gilbreath moved to accept the recommendations of the points to be awarded and approved the allocation of five (5) units to RDA 2004-1-01, Centex Homes; approved the allocation of 10 units to RDA 2004-1-04, Thomas Overturf, approved the allocation of 35 units to RDA 2004-1-05, KB Homes; and approved the allocation of an additional eight (8) units to RDA 2004-1-05, KB Homes. Motion seconded by Councilmember George and carried unanimously. UNFINISHED BUSINESS March 16,2004 Page 5 CONTRACT NO. CITY OF VICTORVILLE POLICE DEPARTMENT AGREEMENT FOR DUI ENFORCEMENT AND COLLISION REDUCTION SUPPORT THIS CONTRACT SERVICES AGREEMENT (herein "Agreement"), is made and entered into this 16 day of March, 2004, by and between the CITY OF VICTORVILLE, a municipal corporation, (herein "City") and the CITY OF REDLANDS, a municipal corporation (herein"Contractor"). The parties hereto agree as follows: LO SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall perform the work or services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "N' and any other provisions of this Agreement, the provisions of this Agreement shall prevail. Contractor represents and warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes, rules, and regulations. 13 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any other provisions of this Agreement, the provisions of Exhibit "B" shall govern. 1.5 Commencement of Work. Work shall not commence until this Agreement is fully executed and Contractor has been given approval to proceed. Time is of the essence in the performance of this Agreement. 2,0 COMPENSATION 2.1 Contract Sum, For the services rendered pursuant to this Agreement, the Contractor shall submit invoices to the City, in arrears, in a form approved by the City's Director of Finance. In general, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached herein by this reference. The maximum contract amount under this Agreement shall not exceed $5,000/month ("Contract Sum"), unless a written order for additional services is given by the Chief of Police to the Contractor for an increase in compensation up to five percent (5%)of the Contract Sum. 3,0 PERFORMANCE SCHEDULE 11 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Term. Unless earlier terminated in accordance with Section 7.4 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof. 4.0 COORDINATION OF WORK 4.1 Prohibition Against Subcontracting or Assignment. The Agreement is not assignable in whole or in part without consent of both parties as memorialized and signed by the City. Any such prohibited assignment or transfer shall be void, 4.2 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations, The Commercial General Liability Policy shall name the City of Victorville as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language, (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage. (d) Additional Insurance. Policies of such other insurance may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section to the City. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages which have been approved by the City, 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City. 6.0 REPORTS AND RECORDS 6.1 Use of Data. The Contractor shall not utilize any information not a matter of public record, which is received by reason of this Agreement, for pecuniary gain not contemplated by the terms of this Agreement, regardless of whether the Contractor is or is not under contract at the time such gain is realized. The report, survey or other product developed by the Contractor pursuant to this Agreement is the property of the City, and shall not be used in any manner by the Contractor unless authorized by the City. 62 Confidentiality of Data. All data and information relating to the City's operations which are designated confidential by the City and made available to the Contractor or which becomes available to the Contractor in order to carry out this Agreement, shall be protected by the Contractor from unauthorized use and disclosure by the observance of the same I or more effective procedural requirements as are applicable to the City. The identification of all such confidential data and information as well as the City's procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided in writing to the Contractor by the City. 6.3 Examination and Audit. For contracts in excess of $10,000, the Contractor shall be subject to the examination and audit by the City for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this Agreement, including, but not limited to, the costs of administering the Agreement. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the appropriate court of the County of San Bernardino, State of California. 7.2 Waiver, No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing, 7.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.4 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the City. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the City. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the City thereafter in accordance with the Schedule of Compensation or such as may be approved by the City. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to A this Section, the terminating party need not provide the non-terminating party with the opportunity. 7.5 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated. 7.6 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding shall be entitled to reasonable attorney's fees and reasonable costs. 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.2 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Chief of Police, CITY OF VICTORVILLE, 14500 Civic Drive, Victorville, California 92392, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy- two (72) hours from the time of mailing if mailed as provided in this Section. r 9.2 Integration Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.3 Severabilit . In the event that any one or more of the provisions contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining provisions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.4 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound, IN WITNESS WIJEREOF, the parties have executed and entered into this Agreement as of the date first written above CITY: CITY OF VICTORVILLE, a municipal corporation / By: 44 Cy Manager CONTRACTOR: CITY OF REDLANDS, a municipal co oration By: Aa Mailing Lt)/ ddr ss: P. O. Box 3005 Redlands CA 92373 ATTEST: City Clerk ATTEST : Lor,e Poyze''r-,, ity Clerk Redlands , rnia EXHIBIT A SCOPE OF SERVICES City has been awarded a grant, entitled the "Avoid the 25" ("DUI Grant") from the California Office of Traffic Safety to fund driving under the influence enforcement efforts in the City and throughout the County. The Contractor shall participate in the driving under the influence ("DUI") enforcement programs by assigning police officers to conduct DUI patrol saturation and DUI checkpoints during high risk times to enforce traffic laws. For each program that Contractor is providing police officers , Contractor shall provide said police officers for a period not to exceed eight (8) hours per program. The assignment of police officers shall be coordinated between the City's designated sergeant and the Contractor. For each shift that Contractor's police officers will be assisting the City, each of Contractor's police officers shall attend the City's shift briefing, Contractor shall provide, as needed, one supervisor to work up to eight (8) hours per program. For each shift that Contractor is providing police officers to the City, Contractor shall provide all necessary documentation and other information requested by City to City as may be reasonably necessary for City to comply with the terms and conditions of the DUI Grant. Contractor agrees to the attached "State of California Contract Requirements," "Non- Discrimination Clause (OCP-1)," and "Antitrust Provisions," all of which are incorporated herein by that reference as part of Exhibit"B," EXHIBIT B SPECIAL REQUIREMENTS Section 1.6 shall be added to state: Taxpayer Identification. City's taxpayer identification number is 95-2235918. Contractor's taxpayer identification number is 95-6000766. Section 2.2 shall be added to state: Contractor agrees to submit requests for reimbursement to City within thirty (30) days of each individual shift worked by Contractor's police officers. Each request shall include: a. Claim Reimbursement Form (Exhibit"D"). b. Time Sheet/Overtime sheet listing officer names and the number of hours worked by each, C. Documentation showing the hourly salary of each officer. In no case will Contractor be reimbursed for more than eight (8) hours of time per police officer per shift. Section 33 shall be added to state: Approval, This Agreement is of no force or effect until signed by both parties and approved by the Office of Traffic Safety. Section 4.1 shall be revised to state: Prohibition Against Subcontracting or Assignment. This Agreement is not assignable in whole or in part without consent of both parties and the Office of Traffic Safety ("OTS") as memorialized and signed by both parties and the OTS. Any such prohibited assignment or transfer shall be void. Section 5.3 shall be added to state: Indemnification of the State. Contractor agrees to indemnify, defend, and save harmless the State, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by contractor in the performance of this Agreement, Section 6.3),I shall be added to state: Contractor agrees that the California Office of Traffic Safety, the National Highway Traffic Safety Administration, or their designated representative(s), shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to the performance of this Agreement. Section 6.4 shall be added to state: Final Report. The Final Report shall state: This project is a part of the California Traffic Safety Program and was made possible through the support of the California Office of Traffic Safety; Business, Transportation and Housing Agency; State of California; and the National Highway Traffic Safety Administration. The opinions, findings and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, the National Highway Traffic Safety Administration or the Federal Highway Administration. Section 7.7 shall be added to state: Availability of Funds. It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if this Agreement were executed after that determination was made. This Agreement is valid and enforceable only if sufficient funds are made available to the state by the United States Government for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner. The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds. The City has the option to void the Agreement or to amend the contract to reflect any reduction for funds. Section 8.3 shall be added to state: Contractor agrees to comply with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR Part 60, -6ffice of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Section 8.4 shall be added to state: Political Activitv�Hatch All individuals employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency, including grants from the California Office of Traffic Safety, have been made aware of the provisions of 5 USC, Government Organization and Employees; Part H, Civil Service Functions and Responsibilities; Chapter 1.5, Political Activity of Certain State and Local Employees; Sections 1501 through 1508. This statute does not include individuals employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by a State or political subdivision thereof, or by a recognized religious, philanthropic, or cultural organization. Section 9.5 shall be added to state: Solicitation. No employee of the City, the Contractor, or any agency acting on behalf of the OTS, may solicit or accept gratuities, favors, or anything of monetary value from Contractor. Section 9.6 shall be added to state: General Terms Conditions and Certifications. Contractor and any and all subcontractors agree to abide by the General Terms, Conditions and Certifications contained in the OTS Program Manual, Volume 11, Chapter 6, Exhibit 6-B, Rev. 4-01, all of which by reference herein shall be made a part of this Agreement. Article 10 shall be added to state: 10.1 Statement of Compliance. Contractor has, unless exempted, complied with the nondiscrimination program requirements. 10.2 Drug-Free Workplace Requirements. Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the person's or organization's policy of maintaining a drug-free workplace; (3) any available counseling, rehabilitation, and employee assistance programs; and (4) penalties that may be imposed upon employees for drug abuse violations. C, Every employee who works in this Agreement will: I (1) receive a copy of the company's drug-free workplace policy statement, and (2) agree to abide by the terms of the Contractor's statement as a condition of employment on this Agreement. Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of this Agreement or both and Contractor may be ineligible for award of any future state agreements if the Office of Traffic Safety or the National Highway Traffic Safety Administration determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. 10.3 National Labor Relations Board Certification. Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a federal court which orders Contractor to comply with an order of the National Labor Relations Board. A EXHIBIT C SCHEDULE OF COMPENSATION City agrees to reimburse the Contractor for hourly salaries paid to uniformed personnel assigned by the Contractor under this Agreement, at the following rates: a. Police Officers: Actual Rate of Pay at time and one-half, not to exceed $57.00 per hour. C. Sergeants: Actual Rate of Pay at time and one-half, not to exceed $78.00 per hour. Contractor will not be reimbursed for mileage, benefits, or any other expenses, including but not limited to overhead and indirect costs, beyond the reimbursement listed above. 4"t t