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HomeMy WebLinkAboutAgenda Report - February 17, 2016 C-09TM AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION cq AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute an Agreement with Partners for a Safer America MEETING DATE: February 17, 2016 PREPARED BY: Chief of Police RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute an agreement with Partners for a Safer America. BACKGROUND INFORMATION: Partners for a Safer America was launched in 1999 to provide financial support and resources to law enforcement agencies that house inmates. Through a partnership with the City of Lodi, Partners for a Safer America provides financial assistance to the City jail through the use of advertisements made available to Lodi -based bail bondsmen and criminal defense attorneys. Additional advertising space is allocated to bail bondsmen and criminal defense attorneys from the local region, to include referral services and other law-related information. Partners for a Safer America will be responsible for selling and installing advertisements. Per the three year contract, the City will receive 70 percent of gross revenues earned annually the first year, 75 percent of gross revenues the second year and 80 percent of revenues the third year, with a minimum guarantee of $1,000 annually. FISCAL IMPACT: Revenues are projected at $6,750 for the first year, and will increase accordingly over the next two years of the contract. FUNDING AVAILABLE: Not applicable. Tod Patter on Chief of Police TP/pjo APPROVED: Step en wa auer, City Manager LICENSE AGREEMENT BY AND BETWEEN THE CITY OF LODI AND PARTNERS FOR A SAFER AMERICA This is a license agreement by and between the City of Lodi, a municipal corporation hereinafter referred to as "City" or "Lodi Police Department", and Partners For A Safer America, hereinafter referred to as "Contractor", entered into in the City of Lodi, State of California. The parties hereby agree to the following terms, covenants and conditions: Contractor's Service Boards and Scope of Work A. No later than (date to be determined), Contractor shall deliver not less than three (3), nor more than 15 bail bond service boards with minimum dimensions of 18" x 30" in size. Signboards shall come complete with frames, lexan plastic covers, hardware, and printed ad board, or static cling, clear plastic, printed sheet signs, ready for installation, to the City of Lodi Police Department, located at 215 W. Elm Street, Lodi, California 95240. Larger size signboards and encasements are available upon request. B. Contractor's service boards shall exclusively provide law-related information and referral services for individuals on the premises being processed through the criminal justice system and inmates residing on the premises. The law-related information and referral services shall include the names and telephone numbers of bail agents. These boards may also include advertising information by qualified criminal attorneys if attorney advertising is authorized by the City. C. Contractor agrees to sell and maintain a minimum of three (3) ads on the service boards during the term of this Agreement. The spaces for ads will first be made available to licensed bail agents in Lodi, second, to Lodi criminal law attorneys, if authorized by the City; and third, to licensed bail agents and attorneys outside of Lodi, CA. D. All service boards shall contain the following caveat: "Neither Partners For A Safer America nor the City of Lodi or the Lodi Police Department, or their employees, volunteers, or elected or appointed officials warrant the qualifications or competence of any of the persons or services listed on this service board." E. It is understood that Contractor's right to install and maintain service boards on the premises shall be an exclusive right during the term of this License Agreement. F. Contractor shall be solely responsible for the assembly, construction, printing, and delivery to City of all service boards. If signboard encasements are used to display service boards, they must be constructed and made of safety material (non -breakable frames, lexan plastic covers, and security screws) to prevent the inmates from removing, damaging, or defacing the boards (all materials used must be approved by the City, prior to installation). Any damaged service board or encasement will be removed by the City and must be replaced by the Contractor within thirty days (30) written or e-mail notice to the Contractor. City agrees to install all original service boards, and in addition, will install replacement inserts provided by Contractor, twice annually. City will provide 1 Contractor with new publicly distributed commercial telephone directories when they come out. In the event that the Contractor must change the information provided on the service boards more than twice annually, the Contractor agrees to reimburse the City for the actual costs incurred for replacement of the boards, not to exceed $250. G. Contractor is responsible for: 1. Securing and executing an agreement with each Bail Bond Agent, who desires to advertise on the service boards using the following criteria: a. All Agency Trade Names appearing on service boards must be on file with the Department of Insurance and approved for use by the licensed agency owner. b. Each bail bond agency owner wishing to place an ad on service boards must hold a valid bail bond license with the California State Department of Insurance (Insurance Code Section 1800.75). The City reserves the right to block or remove any non -licensed or non- qualified agency information card from service boards. c. All employees licensed to conduct bail must also be approved to solicit bail bonds under the owner's approved Trade Name. d. All display ad style information cards must comply with Department of Insurance regulations and may include agent pictures, agency name, telephone numbers, address, services available and any other information the agency owner feels is pertinent to the business. Nothing on the display cards can be obscene, immoral or illegal. Determination that information on display cards is inappropriate shall be in the sole discretion of the City. 2. Placing the names of all licensed bail bond agents desiring to do business in the City of Lodi, and desiring to advertise their services in the Lodi Police Department Jail Facilities, in a fair and equitable manner, on reasonably sized, professionally crafted, poster like boards, not to exceed 24" x 32" in size (unless pre -approved in writing by the City). 3. Contractor shall be responsible to randomly place all advertisements on the service boards, and to rotate all advertisements on these service boards every six months through the use of their web -based "Internet Drawing Program." This program allows all advertisers to participate in specially scheduled random rotation drawings held on the Internet. Details for participation will be provided to qualified advertisers at the time they secure an advertising contract with Contractor. 4. Developing a fair process for displaying all (Attorney advertisements) on the service boards, if Attorney advertising is approved by the City. 5. Charging persons purchasing advertising space on the service boards a minimum of $100 per month during the first year of this Agreement, with an optional per month increase of twenty-five dollars ($25) each year for the remainder of the contract term with the approval of the City. 2 II. Compensation A. As compensation for allowing Contractor to install its service boards on the premises, the City shall receive seventy percent (70%) of gross revenues earned annually for the first year; seventy five percent (75%) for the second year; and eighty percent (80%) for every year thereafter, with a minimum guarantee of one thousand dollars ($1,000) annually. B. Contractor shall make a complete and accurate accounting of the gross revenue produced by the service boards and shall deliver the accounting and Police Department's first commission payment via Federal Express mail, upon email notification from the Lodi Police Department that all signboards have been properly installed in their encasements, or placed on the windows throughout the lobbies, booking areas, holding tanks and resident areas of the facilities. C. The first payment to City shall be equal to the City's share of six (6) months revenue generated by Contractor. Contractor shall then deliver payments every six months through the duration of this Agreement. Contractor shall deliver City's check within seven (7) days from official notification by City of the timely installation of all new replacement inserts twice annually on (or before) the six month replacement date following the initial starting date reflected in the first email noted in paragraph II. B above. D. As used in this paragraph, the term "gross revenue" shall mean the total amount of the advertising, charges or other advertising compensation owed to Contractor from persons, and or agencies placing their names, addresses and/or telephone numbers on advertisement placed on Contractor's service boards, without regard, and not to include, any amounts for bad debt, late payments, non-payment, etc. associated with amount owed to Contractor. E. Contractor shall mail all payments to City at the following address: City of Lodi Police Department Attn: Accounts Receivables 215 W. Elm Street Lodi, CA 95240 III. Term A. This Agreement shall have a term of three (3) years and shall commence on January 1, 2016. City shall have the option to extend the term every three years, for an additional three (3) years, by providing written notice to Contractor no Tess than thirty (30) days prior to the expiration of the base term. In the event no written notice is provided, contract will automatically renew for an additional three (3) years, on the first day following the expiration of the base term. B. Notwithstanding the provisions of paragraph III. A., City may terminate this Agreement at any time, with or without cause, on sixty (60) days written notice to Contractor. 3 C. Upon expiration or termination of this License Agreement, City will remove the service boards and encasements, and return them, at their expense, to Contractor at 8810 W. River Beach Lane, Boise, Idaho 83714. IV. General Contract Provisions A. Nondiscrimination Clause: Contractor shall comply with all applicable federal, state, and local laws and regulations including Lodi City's policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code sections 12900 et seq.); California Labor Code sections 1101, 1102, and 1102.1. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall Contractor discriminate in provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. B. Insurance See Exhibit A, attached hereto and incorporated by this reference. Contractor's insurance shall be effective on the start date of this Agreement and shall continue throughout the entire term of this Agreement. Proof of insurance shall be attached as part of this Agreement prior to approval. C. Security Clearance All Contractors' employees, agents, and representatives, wishing to enter any City Jail Facility must first receive a security clearance prior to entrance. Contractor should allow at least four (4) weeks prior to intended entrance for completion of the security clearance process. Requests for security clearances shall be done by contacting the Custody Division Administrative Lieutenant. City reserves the right to refuse entrance to any person(s) not in possession of a security clearance badge or to confiscate any security clearance badge issued at its discretion. Contractor will reimburse City $500 for each performed security clearance which results in a non -approval for access. D. Contract Language Contractor shall, during the term of this Agreement, comply with all applicable federal, state, and local rules, regulations, and laws. 4 Contractor shall maintain financial records adequate to show that City funds paid, or received, under this Agreement were used for purposes consistent with the terms of the Agreement. These records shall be maintained during the term of this Agreement and for a period of three (3) years from termination of this Agreement or until all claims, if any, have been resolved, whichever period is longer. E. Right To Conduct Business Contractor shall obtain all necessary certificates, licenses and permits required by City, City, State, and Federal law in order to perform the services described in this Agreement. Copies of all such documents shall be presented to City upon demand. F. Assignment Contractor shall not assign this Agreement, either in whole or in part, without the prior written consent of the City. Any assignment without consent shall be null and void. This provision shall not prohibit Contractor from entering into separate Agreements with independent providers for limited individual services as long as such agreements shall not have the effect of accomplishing an assignment otherwise prohibited herein. Any assignment for which the City has given written consent shall be subject to all of the terms and conditions of this Agreement. G. Independent Contractor Status This is an Agreement by and between independent contractors and is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between the City and Contractor. No party associated with or employed by Contractor shall have any claim under this Agreement or otherwise against the City for vacation pay, sick leave, retirement benefits, Social Security, Workers' Compensation, unemployment benefits, or employee benefits of any kind. H. Regulatory & Legal Compliance Contractor agrees that the City may suspend, and/or terminate this Agreement immediately if it is found to be in violation of any state or regulatory ruling which adversely affects the use of the signboards. This includes, but is not limited to a change in ruling by the Department of Insurance, or the California State Legislature; and upon said termination, the City agrees to return any advanced and unused portion of the advertising revenues City may be holding. I. Waiver The failure of City to insist upon the strict performance of any of the terms, covenants and conditions of this Agreement shall not be deemed a waiver of any right or remedy that City may have, and shall not be deemed a waiver of its right to require strict performance of all of the terms, covenants and conditions thereafter, nor a waiver of any remedy for the subsequent breach of any of the terms, covenants and conditions. 5 J. Notices Any notice required to be given by either party, or which either party may wish to give, shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally delivered or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by certified or registered mail, postage prepaid, addressed as follows: To City: To Contractor: K. ADA Compliance City of Lodi Police Department Custody Division Attn: Custody Commander 215 W. Elm Street Lodi, CA 95240 Partners For A Safer America Attn: Patricia A. Garske, Executive Director 8810 W. River Beach Lane Boise, ID 83714 In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. L. Applicable Law, Jurisdiction, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. M. Jointly Negotiated This Agreement has been jointly negotiated by the parties. The language in this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the parties. N. Entire Agreement This Agreement, along with any exhibits and attachments specifically referenced herein, constitute the entire Agreement by and between the parties relative to Contractor's service boards being installed and maintained on the premises and payment to City. Any prior or contemporaneous oral or written agreements by and between the parties or their agents or representatives relative to this matter are hereby revoked and extinguished by this Agreement. Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. 6 O. Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. V. Indemnification and Responsibility for Damage Contractor to the fullest extent permitted by law, shall indemnify and hold harmless City, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of Contractor, any subcontractor employed directly by Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence of the City of Lodi or its officers or agents. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Dated: Dated: CONTRACTOR PATRICIA A. BROTHERS-GARSKE Executive Director Partners For A Safer America CITY OF LODI, a municipal corporation STEPHEN SCHWABAUER Attest: City Manager JENNIFER M. FERRAIOLO City Clerk LODI POLICE DEPARTMENT Dated: Approved as to form: JANICE D. MAGDICH ct/ City Attorney 7 TOD PATTERSON Chief of Police RESOLUTION NO. 2016-19 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PARTNERS FOR A SAFER AMERICA WHEREAS, Partners for a Safer America was launched in 1999 to provide financial support and resources to law enforcement agencies that house inmates; and WHEREAS, through a partnership with the City of Lodi, Partners for a Safer America provides financial assistance to the City jail through the use of advertisements made available to Lodi -based bail bondsmen and criminal defense attorneys; and WHEREAS, the City will receive 70 percent of gross revenues earned annually the first year, 75 percent of gross revenues the second year, and 80 percent of gross revenues the third year, with a minimum guarantee of $1,000 annually. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute a three-year agreement with Partners for a Safer America on behalf of the City of Lodi. Dated: February 17, 2016 I hereby certify that Resolution No. 2016-19 was passed and adopted by the Lodi City Council in a regular/special joint meeting held February 17, 2016, by the following vote: AYES: COUNCIL MEMBERS — Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Johnson ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Deputy City Clerk 2016-19