COUNTY OF LOS ANGELES

Transcription

1 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA Telephone: (626) JAMES A. NOYES, Director ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA April 11, 2002 IN REPLY PLEASE REFER TO FILE: AS-0 The Honorable Board of Supervisors County of Los Angeles 383 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, CA Dear Supervisors: GRAFFITI REMOVAL - CITY TERRACE SUPERVISORIAL DISTRICT 1 3 VOTES IT IS RECOMMENDED THAT YOUR BOARD: 1. Approve an agreement for graffiti removal service in the City Terrace area of Supervisorial District 1 with the Southern California Regional Rail Authority (Metrolink) for one year with two 1-year renewal options not to exceed a contract term of three years. 2. Instruct the Chairman to sign the agreement. 3. Authorize Metrolink to proceed with the work in accordance with the specifications, terms, conditions, and requirements of the agreement.. Authorize Public Works to encumber a monthly amount of $1,900 for the first 1-year period starting on May 5, 2002, through May 4, 2003, not to exceed an annual amount of $22,800. The monthly rate of compensation set forth for the renewal options above may be adjusted annually based on the increase or decrease in the U.S. Department of Labor, Bureau of Labor Statistics' All Urban Consumers Price Index for the Los Angeles-Riverside-Orange County Area (CPI).

2 The Honorable Board of Supervisors April 11, 2002 Page 2 5. Delegate authority to the Director of Public Works to renew this agreement for the one-year options, if, in the opinion of the Director, renewal is warranted. PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION The purpose of this requested action is to approve an agreement with Metrolink for their continuance of removing the graffiti near their rights of way in the unincorporated area of City Terrace. The Graffiti Abatement Program is designed to remove graffiti quickly and as often as necessary to keep the designated areas graffiti free. Graffiti removal in the unincorporated County area of City Terrace near Metrolink s rights of way can continue to be incorporated into Metrolink s program and for safety reason can be more effectively performed by Metrolink s graffiti removal contractor. Implementation of Strategic Plan Goals This agreement meets the County s Strategic Plan Goal of Children s and Families Well Being. This clean up program will affect the well being of all living in the affected areas. Prevention and timely removal of graffiti addresses urban blight to enhance the quality and attractiveness of neighborhoods for residents and businesses. FISCAL IMPACT/FINANCING The cost of this agreement for the 12-month contract period is $22,800 and may be adjusted based on the CPI for the optional years. This amount represents Metrolink s contractor s costs to perform this service. This agreement will commence on May 5, 2002, for a one-year period. With the Board s delegated authority, the Director may renew this agreement for the two 1-year options not to exceed a total agreement period of three years. Funds are included in Public Works budget to cover the cost of this agreement. These graffiti removal costs will utilize Special Road funds and block grant funds received from the Community Development Commission. There will be no impact on net County cost.

3 The Honorable Board of Supervisors April 11, 2002 Page 3 FACTS AND PROVISIONS/LEGAL REQUIREMENTS This agreement has been properly executed by Metrolink and County Counsel has approved it as to form. In accordance with the Chief Administrative Officer s June 15, 2001, instructions, this is Public Works assurance that Metrolink will not be required to perform services that exceed this agreement s approved amount, scope of work, and/or terms. IMPACT ON CURRENT SERVICES (OR PROJECTS) The award of this agreement will not result in the displacement of any County employees. CONCLUSION Please have the original and one copy of this agreement signed by the Chairman. Please return the signed copy for Metrolink to this office, together with a conformed copy for Public Works file. The fully executed original should be retained for your files. One approved copy of this letter is requested. Respectfully submitted, JAMES A. NOYES Director of Public Works VH P:\ASPUB\RECYCLE\VALERIE\METROLINK02.bd.wpd Enc. 4 cc: Chief Administrative Office County Counsel

4 AGREEMENT THIS AGREEMENT, made and entered into by and between the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY, hereinafter referred to as "METROLINK," and the COUNTY OF LOS ANGELES, a political subdivision of the State of California, hereinafter referred to as "COUNTY." WITNESSETH WHEREAS, COUNTY has a graffiti abatement program designed to remove graffiti quickly in certain unincorporated areas of the COUNTY, including the unincorporated area of City Terrace; and WHEREAS, METROLINK has an aggressive graffiti removal program operating in METROLINK'S rights of way near the COUNTY'S unincorporated City Terrace area; and WHEREAS, to promote an increase in efficiency and cost effectiveness, METROLINK and the COUNTY desire to incorporate the COUNTY'S graffiti removal program in this area into METROLINK S graffiti removal program, utilizing METROLINK'S graffiti removal contractor to perform the work. NOW, THEREFORE, in consideration of the mutual benefits to be derived by METROLINK and COUNTY and of the promises herein contained, it is hereby agreed as follows: (1) METROLINK AGREES TO: a. Remove graffiti from COUNTY rights of way and, at the direction of COUNTY, specific private properties in the "Service Area" as designated on Attachment A to this Agreement. The "Service Area" is in the COUNTY S unincorporated City Terrace area between Herbert Street and Eastern Avenue. The graffiti removal shall occur at a frequency of no less than once every 30 days. b. Indemnify, defend, and hold harmless the COUNTY, its special districts, elected and appointed officers, employees, and agents from and against any and all liability and expenses, including defense costs and legal fees, arising from or connected with claims and lawsuits for damages or workers compensation benefits relating to this Agreement and METROLINK S operations or its services, including services provided by METROLINK'S contractor which result from bodily injury, death, personal injury, or property damage (including damage to METROLINK S property).

5 c. Provide, through METROLINK'S graffiti removal contractor; personnel, supervision, tools, supplies, materials, equipment, transportation, and other incidentals necessary to perform the graffiti removal in the Service Area. d. Where painting over graffiti is used as the removal technique, utilize the same color throughout the Service Area. e. Invoice COUNTY on a monthly basis in a format satisfactory to the COUNTY. f. To ensure that COUNTY, its special districts, elected and appointed officers, employees, and agents are named as additionally insured on the comprehensive general liability and automotive liability insurance policies maintained by METROLINK s contractor and to provide COUNTY with endorsements to such policies evidencing that the requirement of this paragraph has been met. (2) COUNTY AGREES TO: a. Pay METROLINK a monthly amount of $1,900 for the 12-month period starting on May 5, 2002, through May 4, 2003, not to exceed $22,800. This Agreement will commence on May 5, 2002, for one year with two, 1-year renewal options not to exceed a contract term of three years. The monthly rate of compensation set forth above may be adjusted annually based on the increase or decrease in the U.S. Department of Labor, Bureau of Labor Statistics', All Urban Consumers Price Index for the Los Angeles-Riverside-Orange County Area (CPI). This Agreement's anniversary date shall be the effective date for any such cost of living adjustment. The percentage change in the rate of compensation shall equal 12 times the average monthly change in the CPI over the first nine months of this Agreement's term preceding the effective date. However, any percentage increase shall not exceed the general salary movement granted to COUNTY employees as determined by the COUNTY'S Chief Administrative Office as of July 1 for the prior 12-month period. Furthermore, should fiscal circumstances ultimately prevent the COUNTY'S Board of Supervisors from approving any increase in COUNTY employee salaries, no cost of living adjustments will be granted. The COUNTY, acting through the Director of Public Works, will provide a written notice of intent to extend the term at least 30 days prior to the end of the initial term. b. Obtain written permission from property owners for graffiti removal from private properties and provide such information to METROLINK. c. Provide paint, if requested by METROLINK.

6 d. Provide payment within 30 days of receipt of a properly completed invoice. e. Indemnify, defend, and hold harmless METROLINK, its member agencies, elected and appointed officers, employees, and agents from and against any and all liability and expenses, including defense costs and legal fees, arising out of or connected to any act or omission of COUNTY relating to this Agreement which result from bodily injury, death, personal injury, or property damage. (3) METROLINK AND COUNTY MUTUALLY AGREE: a. Any correspondence, communication, or contact concerning this Agreement shall be directed to the following: METROLINK : Mr. Ron Mathieu, Manager Southern California Regional Rail Authority 700 South Flower Street, Suite 2600 Los Angeles, CA COUNTY: Mr. James A. Noyes, Director of Public Works County of Los Angeles P.O. Box 1460 Alhambra, CA b. This Agreement may be canceled or terminated at any time by either party without cause upon the giving of at least 30 days written notice. c. This Agreement may be amended or modified only by mutual written consent of COUNTY'S Board of Supervisors and METROLINK. d. This Agreement was drafted by both parties. e. This Agreement shall be construed in accordance with and governed by the laws of the State of California.

7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, by SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY on, 2002, and by the COUNTY OF LOS ANGELES on, COUNTY OF LOS ANGELES Chairman, Board of Supervisors ATTEST: VIOLET VARONA-LUKENS Executive Officer of the Board of Supervisors of the County of Los Angeles Deputy APPROVED AS TO FORM: LLOYD W. PELLMAN County Counsel Deputy AGREED: SOUTHERN CALIFORNIA RAIL AUTHORITY DAVID SOLOW, CEO/ Executive Director A:\board-1.wpd