2007/06/26 City Council Resolution 2007-102RESOLUTION NO. 2007-102
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING THE AGREEMENT WITH
OLD ADOBE DEVELOPMENT SERVICES FOR PARK CLEANING
WHEREAS, Old Adobe Developmental Services has provided park cleaning
services for the City of Rohnert Park for over thirteen (13) yeasts, and
WHEREAS, the City supports prograins using individuals -,vith developmental
disabilities; and
WHEREAS, Old Development Services continue to provide the amity with
excellent service; and
WHEREAS, the current Agreement with Old Adobe Development Services will
expire June 30, 2007; and
WHEREAS, the service Old Adobe Development Services provides is a sole
source; and
WHEREAS, as per City Ordinance 3.04 Section 3.04.080 a sole source service
does not require a bid procedure; and
WHEREAS, a new Agreement for fiscal year 2007 -2008, has been prepared and
the annual cost is $115,062.32, for services to thirteen (13) parks.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby authorize and approve the Agreement with Old Adobe
Development Services /Rohnert Park Services.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute documents pertaining to same for and on behalf of the City of Rohnert
Park.
DULY AND REGULARLY ADOPTED this 26th day of June 2007.
ATTEST:
CITY OF ROHNNERT PARK
Mayor
uAHNERT Pe,..
ig
ity Clerk I w r
BREEZE: ABSENT MACKENZIE: AYE SMITH: AYE STAF NT VIDAK- MARTINEZ: AYE
AYES: (3) NOES: (0) ABSENT: (2) ABSTAIN: (0)
AGREEMENT FOR SERVICES
This Agreement, hereinafter called "Agreement" made and entered into this 26th day of June,
2007, by and between the City of Rohnert Park, a municipal corporation of the State of
California, hereinafter referred to as "CITY ", and Old Adobe Development Services, Inc., a
California non - profit corporation, hereinafter referred to as "GADS ".
WITNESSETH
WHEREAS, "CITY". operates various municipal parks, and;
WHEREAS, "CITY" desires to maintain all parks within the City in a clean and orderly
fashion, and;
WHEREAS, "CITY" encourages the hiring of individual with developmental disability
and supports programs using individuals with developmental disabilities, and;
WHEREAS, "OARS" through a program called Rohnert Park Services (RPS) employs
individuals with developmental disabilities, and;
WHEREAS, "OADS" currently has a working crew of adult individuals with
developmental disabilities who contract, with the "CITY" to provide cleaning services at City
parks, and
WHEREAS, "GADS" would provide proper certified supervision of all their cleaning
crews, and
WHEREAS, an Agreement with "OADS" to provide park clean -up services should result
in a benefit to the community in whole and individual benefit to the employees under such a
program.
NOW, THEREFORE, IT IS AGREED between the parties hereto;
1. Location of City facilities and payments for services covered under this agreement shall
be listed and designated on the "Schedule of Payment of Services" attached hereto. The City
Manager is hereby authorized to negotiate with "OADS" to add or delete facilities and associated
payments and to amend the "Schedule of Payment of Services" from time to time with the
concurrence of "GADS ".
2. The "CITY" agrees as follows:
a. To provide the necessary toots and materials for cleaning the parks and provide a
locked storage area in the parks or buildings where the tools and materials will be stored.
b. To provide name tags for "OADS" employees, identifying them as working for
the Rohnert Park Services (RPS) as a private contractor to the City of Rohnert Park.
C. To pay a daily rate for Park Cleaning Service provided in accordance with the
attached Schedule of Payment for Services.
d. To cooperate with "OADS" to the best of its ability in coordination of work
assignments between Rohnert Park Services (RPS) and other contractors and City
employees.
3. "OADS" agrees to park cleaning as follows:
a. To pick up litter throughout parks,daily.
b. To sweep all concrete areas, sidewalks, tennis courts, basketball courts, and the
baseball dugouts weekly or more frequently as required, without interrupting normal use
of the facilities.
C. To clean the restrooms and area around the restrooms daily.
d. To rake the sand in the children's play area to keep it loose and uniformly
distributed and remove any foreign objects from the sand. This would include filling any
holes or depressions created under the swing and slides and other play equipment to
assure the adequate cushioning material is provided for the safety of children.
e. To empty trash containers daily throughout the park and place the disposal
materials in the dumpsters provided adjacent to the parking lot. In the event the dumpster
is full, "OADS" will notify the Public Works Department to have the dumpster emptied.
SUPERVISION: Provide certified supervision for all employees. In addition, agree to provide
staffed supervision ratio of one to three, that is, one staff member for every three employees.
PAYMENT TO "OADS ": Payment will be made on a calendar -month basis in arrears.
"GADS" shall submit invoice to the City of Rohnert Park, Accounts Payable, Post Office Box
1489, Rohnert Park, CA, 94927 -1489. In the event this contract becomes effective or terminates
during the course of a month, the amount paid to "OADS" for the part of the month shall be
determined by prorating the amount on the basis of the number of calendar days involved.
TERMINATION OF CONTRACT: The "CITY" and /or "GADS" may terminate this
"Agreement" by providing thirty (30) days written notice to the other party,
INSURANCE AND TAXES: "GADS" shall maintain limits no less than: General Liability: one
million ($1,000,000) per occurrence for bodily injury, personal injury and property damage.
Automobile Liability: one million ($1,000,000) per accident for bodily injury and property
damage. Employer's Liability: one million ($1,000,000) per accident for bodily injury or
disease. Such policies shall name the City of Rohnert Park, its officers, employees and agents as
additional insured_ A current certificate of insurance and endorsements on City of Rohnert Park
forms will be furnished to the City Purchasing Manager showing the required coverage and
providing for thirty (30) days written notice to the City of Rohnert Park by the insurance
company prior to cancellation or any change in policy coverage_ NOTE: Only the Certificate of
Insurance and Endorsements on City of Rohnert Park forms are acceptable.
"GADS" shall maintain, during the life of this agreement, workmen's compensation insurance
for all employees employed by contractor for the operations hereunder.
LEGAL REQUIREMENTS: "OADS" agrees to -fully comply with all local, city, state and
federal laws, regulations and with regards to non discrimination in employment or provisions of
services because of race, color, ancestry, national origin, religion, sex, material status, age,
medical condition, or handicap. "OADS" shall withhold and pay any and all withholding taxes,
whether State or Federal, and pay all Social Security charges and also all State Unemployment
Compensation charges, and pay or cause to be withheld, as the case may be, any and all taxes,
charges, or fees, or sums whatsoever, which are now or may hereafter be required to be paid or
withheld under any laws. A valid City of Rohnert Park Business License is also required.
SAVE HARMLESS AND INDEMNITY AGREEMENT: "GADS" shall indemnify and safe
harmless, City from and against any and all claims, demands, causes of action, suits or
judgments (including costs and expenses incurred in connection therewith) for death or injuries
persons or for loss of or damage to property arising out of or in connection with the acts of
"OADS" in performance of this Agreement which is not caused by City's negligence. In the
event of any claims made or suits filed, City shall give "GADS" prompt written notice thereof,
and "GADS" shall have the right to defend or settle the same to the extent of his/her interests
hereunder.
Should the "GADS" insurance consist of claims made coverage, they will be required to furnish
evidence that said policy will continue to be in effect and enforceable for two (2) years after the
effective termination date of the contract award. If "GADS" changes insurance carriers after the
termination date of the contract, Contractor will be required to provide the City of Rohnert Park
with evidence of policy tail coverage for the two (2) year period after the contract termination
date.
In addition "GADS" will be required to notify the City of Rohnert Park immediately in writing
should their coverage amount fall below the one million ($1,000,000) level during the contract
and /or tail coverage term.
CONTRACT TERM: The effective date of this "Agreement" is July 1, 2007. The term of this
"Agreement" is for a period of one year beginning July 1, 2007 and ending June 30, 2008.
CONTRACT RENEWAL: This "Agreement" maybe renewed at the end of the above stated
term by mutual consent of both the "CITY" and "OADS ".
IN WITNESS WHEREOF, the parties hereto fixed their names and agree to the terms of the
"Agreement" this 26`x' day of June 2007.
CITY OF ROHNERT PARK:
By:_
Name:
Title:
(Date)
Per Resolution No adopted
by the City Council on
ATTEST:
City Clerk.
APPROVED AS TO FORM:
�G Ilk �,
s �
City Attorney
OLD ADOBE DEVELOPMENT
SERVICES:
By-
e: L ifl+ (Date)
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