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Home My WebLink About25E - AGMT - GRAFFITI REMOVALREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 17, 2015 TITLE: AGREEMENT RENEWAL WITH GRAFFITI PROTECTIVE COATINGS, INC., FOR GRAFFITI REMOVAL SERVICES (NON - GENERAL FUND) (STRATEGIC PLANK NO, 6, 1, B) �r CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 02=16maF ❑ As Recommended ❑ As Amended ❑ Ordinance on 1$' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the fourth and final option to renew the agreement with Graffiti Protective Coatings, Inc. for graffiti removal services, subject to nonsubstantive changes approved by the City Manager and City Attorney, expiring February 29, 2016, in an amount not to exceed $600,000. DISCUSSION Approval of the recommended action will allow the City to continue the graffiti removal services provided by Graffiti Protective Coatings, Inc., for the fourth and final renewal option of the agreement. In order for City and Graffiti Protective Coatings, Inc., to comply with the passage of Senate Bill No. 7 prevailing wage requirements, the monthly rate will increase by $25,000 for the duration of the contract. The Public Works Agency Maintenance Division is responsible for citywide graffiti abatement, which is performed 365 days a year. Through the services of Graffiti Protective Coatings, Inc., graffiti is typically removed within 24 hours, in response to requests received from City staff and residents through the City's graffiti hotline and the "mySantaAna" smartphone application. In February 2011, Council entered into an agreement with Graffiti Protective Coatings, Inc., for a one -year period with provisions for 4 one -year renewals. The contractor has consistently demonstrated the ability to meet contract specifications by providing color matching and daily upper -level graffiti removal, and facilitating graffiti crime analysis citywide. The graffiti removal program has realized a 30 percent decrease in calls for service, credited to the proactive performance by the contractor. A 65 percent decrease in Code Enforcement referrals is attributed to the contractor removing graffiti from windows and commercial signs. In addition, real -time dispatching and consistent staffing levels have resulted in a 90 percent success rate for responding within 24 hours of receiving service requests. 25E -1 Agreement Renewal with Graffiti Protective Coatings, Inc., for Graffiti Removal Services February 17, 2015 Page 2 The contractor has also exceeded contract specifications by providing additional services at no extra cost to the City. These services include clean -up days at Santa Ana parks; a sixth truck provided on a part -time basis, 20 hours per week, to assist Parks and Recreation Agency with graffiti removal in parks; unlimited upgrades and support for the graffiti tracking software; a 4G tablet for City staff to allow access to the graffiti tracking system while in the field; and a free smartphone application for reporting and managing graffiti service requests. Graffiti Protective Coatings, Inc. has exceeded staff expectations and has consistently demonstrated the ability to provide a high standard of service; therefore, staff recommends approval of the recommended action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a community investment plan for all city assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users). FISCAL IMPACT $300,000 is available in the Environmental Sanitation Fund (Account 06817642 - 62300). The remaining $300,000 for this agreement will be budgeted in Fiscal Year 2015/2016, Public Works Agency FM /PG /DM Exhibit: 1. Amendment APPROVED AS TO FUNDS AND ACCOUNTS: MRI5A Francisco Gutierrez I� Executive Director Finance & Management Services Agency 25E -2 FOURTH RENEWAL OF AGREEMENT THIS FOURTH RENEWAL OF AGREEMENT is entered into on February 17, 2015, by and between Graffiti Protective Coatings, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into the Graffiti Removal Service Agreement ( #A- 2011 -028), dated February 7, 2011 (hereinafter "said Agreement') by which Contractor has provided graffiti removal services to the City. The Term of said Agreement was for one (1) year, with provisions for four (4) one -year renewals. B. The Parties renewed and extended the Term of said Agreement by the First Amendment (A- 2012 -040) dated March 6, 2012; the Second Amendment (A- 2013 -027) dated February 4, 2013; and, the Third Amendment (A- 2014 -029) dated February 4, 2014. C. In accordance with the terms and conditions of said Agreement, the parties wish to exercise the fourth and final renewal period, and provide compensation during the extended term. D. The parties also are amending to comply with the new legal requirements of Senate Bill 7. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terns and conditions of said Agreement, except those amended in this Third Amendment to Agreement, the parties agree as follows: Section 2, COMPENSATION, shall be amended to add $600,000.00, annually, to pay for graffiti removal services during the Term, from March 1, 2015 through February 29, 2016. The Fee Schedule attached to said Agreement as Exhibit B, is hereby amended to include the charges set forth in the updated Exhibit B -1 attached to this Amendment and incorporated herein. 2. Contractor agrees that it shall pay state prevailing wages to its employees performing graffiti removal services to the City hereunder due to the passage of Senate Bill 7, as set forth in Exhibit B -1. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on March 1, 2015 and terminate on February 29, 2016, unless terminated earlier in accordance with Section 12, below." 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 25E -3 IN WITNESS WHEREOF, the parties hereto have executed this Fourth Renewal of Agreement on the date and year first written above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency 2 25E -4 CITY OF SANTA ANA David Cavazos City Manager Contractor: GRAFFITI PROTECTIVE COATINGS, INC Carla Lenhoff President Emm' 8J, February 2, 2015 Danell Mercado Projects Manager City of Santa Ana Public Works Agency 220 S. Daisy Avenue Santa Ana, CA 92703 Dear Ms. Mercado, In order to comply with Senate Bill 7, the monthly fee per Contractor employee assigned to City Graffiti Abatement (40 hours per.week) will change from $10,000.00 per month to $15,000.00 per month. Sincerely; Carla Lenhoff President Graffiti Protective Coatings, Inc. -E-VIJ 1w I -1 8 J. ZJJU 25E -6