Loading...
HomeMy WebLinkAbout08 - Janitorial Services for Beach and Park RestroomCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 July 10, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: General Services Department Mark Harmon, General Services Director (949) 644 -3055 m harmonc8city.newport- beach.ca. us SUBJECT: Janitorial Services for Beach and Park Restroom Facilities ISSUE: Should the City approve the attached Assignment of Service Agreement with A -1 Spinelli Enterprises? RECOMMENDATION: Approve the attached Assignment of Service Agreement with A -1 Spinelli, assigning all of Spinelli's rights, obligations, and liabilities to Brisance Enterprises. DISCUSSION: The City of Newport Beach currently has 21 beach and park public restroom facilities located throughout the City. On November 14, 2006, the City entered into a Service Agreement with A -1 Spinelli to perform weekend janitorial services at these facilities. The scope of work in the contract includes services such as trash removal, cleaning floors, cleaning restroom fixtures, and picking up litter at public restroom facilities. The term of the contract is for two years, and, due to the large commitment of personnel and equipment required by the contract, there are three (3) optional one -year extensions. On May 18, 2007, the City received a letter from an attorney representing Ms. Rose Spinelli asking that the City consent to her assignment of the Service Agreement to Brisance Enterprises. Ms. Spinelli's health does not allow her to continue to manage this contract. Brisance Enterprises is a sole proprietorship owned and operated by Mr. Samuel Foley, who has worked for A -1 Spinelli for several years managing the City's janitorial contract. Mr. Foley is very familiar with the City contract and, therefore, the assignment of this agreement will not impact service levels. Section 13 (a) of the current Agreement with A -1 Spinelli allows for the assignment of this Agreement with prior written consent of the City. Janitorial Services for Beach and Park Restroom Facilities July 10, 2007 Page 2 Environmental Review: This project does not require environmental review. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Financial Impact Because the assignment of the Agreement does not change any of the terms of the current Contract, there will be no financial impact associated with this action. Submitted /,ffepa�pj by: Mark Warmofi I General Services Director Attachments: 1- Assignment of Service Agreement for Janitorial Services at City Beach and Park Public Restrooms ASSIGNMENT OF SERVICE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND A -1 SPINELLI ENTERPRISES FOR JANITORIAL SERVICES AT PUBLIC RESTROOMS AT CITY BEACHES AND PARKS U !, 'LL THIS ASSIGNMENT AGREEMENT is entered into this day of June 2007, ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City ( "CITY"), A -1 Spinelli Enterprises, located at 370 So. Lilac Court, Anaheim Hills, California 92808 ( "SPINELLI "), and Brisance Enterprises, a sole proprietorship, located at 11532 Purcell Street, Garden Grove, California 92840 ("BRISANCE "), and is made with reference to the following: RECITALS A. On November 14, 2006, CITY and SPINELLI entered into a Janitorial Services Agreement, hereinafter referred to as "Agreement ", for janitorial services at public restrooms at CITY beaches and parks. A copy of the Agreement is attached hereto as Exhibit 1 and incorporated herein by this reference. B. On May 18, 2007, SPINELLI requested that the CITY consent to the assignment of SPINELLI's rights, obligations and liabilities under the Agreement to BRISANCE. C. The CITY has reviewed SPINELLI'S request and has determined that it is in the CITY's interest to consent to the request subject to the terms and conditions set forth herein_ NOW, THEREFORE, the parties hereto agree as follows: SPINELLI hereby assigns all of its rights, obligations, and liabilities under the Agreement to BRISANCE, and BRISANCE hereby accepts such assignment ( °Assignment ") as of the Effective Date. Insofar as rights and obligations under the Agreement from and after the Effective Date are concerned, references to SPINELLI therein shall be deemed replaced with references to BRISANCE. 2. As of the Effective Date, SPINELLI shall have no further rights, obligations, and liabilities of any kind whatsoever under the Agrc ment, and the Agreement, including the terms, conditions, covenants, agreements, and exhibits contained therein, shall be binding only on BRISANCE. 3. CITY hereby grants its consent to the Assignment. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and. shall be in full force and effect. 5. This Assignment Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties and all preliminary negotiations and agreements of whatsoever kind or nature are merged in this Assignment Agreement. No verbal agreement or implied covenant shall be held to vary the provisions hereon. 6. This Assignment Agreement may be modified or amended only by a written document executed by all parties hereto and approved as to form by the City Attorney. 7. If any term or portion of this Assignment Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Assignment Agreement shall continue in full force and effect. 8. The laws of the State of California shall govern this Assignment Agreement and all matters relating to it and any action brought relating to this Assignment Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 9. The terms of this Assignment Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Assignment Agreement or any other rule of construction which might otherwise apply. IN WITNESS WHEREOF, the parties hereto have executed this Assignment Agreement on the date first above written. APPROVED AS TO FORM: By: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation 0 Mayor for the City of Newport Beach By: i`I Samuel FoTey, Own