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Home My WebLink About2004-2231 2 3 4 9 10 11 12 13 14 15 16 17 18 211 26 27 28 RESOLUTION NO. 2004-223 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A NEW SERVICES AGREEMENT WITH LOS PADRINOS, YOUTH SERVICES INC. A NON-PROFIT ORGANIZATION. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, a new Services Agreement with LOS PADRINOS, INC. a non-profit organization, a copy of which is attached hereto and incorporated herein by this reference. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. i 2004-223 1 2 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 211 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A NEW SERVICES AGREEMENT WITH LOS PADRINOS, YOUTH SERVICES INC. A NON-PROFIT ORGANIZATION. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a i t. reg meeting thereof, held on the 6 th day of July 2004, by the following vote, to wit: Council Members ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK AYES NAYS x x x x X x x ABSTAIN ABSENT Rachel G. Clark, C'ty Clerk The foregoing resolu ' n is hereby approved is 7N da of J lv 004. Approved as to form and legal content: James F. Penman City Attorney By: cam, Jalles, Mayor San Bernardino 2004-223 1 2 3 4 5 6 7 8 10 11 12 13 1 21 22 23 24 25 26 27 28 SERVICES AGREEMENT THE EFFECTIVE DATE OF THIS AGREEMENT is 6th day Of July , 2004 between Los Padrinos Youth Svcs. ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for graffiti, weed, debris removal and abatement services within the CITY and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services, NOW THEREFORE, the parties hereto agree as follows: 1. That this contract supersedes previous contracts and agreements for service between the City of San Bernardino, San Bernardino Economic Development Agency and Los Padrinos Youth Services. 2. CONTRACTOR shall furnish services to CITY to include the following: a) The purpose of this agreement is to effect a comprehensive citywide graffiti, weed, litter and debris abatement program. In all instances, paint will be matched on all surfaces to be abated. When paints cannot be matched, surfaces to be abated will be completely repainted in a color which is aesthetically consistent with that of surrounding structures. b) Natural unpainted surfaces (i.e., brick walls, concrete curbs, sidewalks and metal railings) will be waterblasted, whenever possible. c) Over time, all structures (which previously have been spot painted) will be recovered to conform to the primary color of the structure, or completely repainted. 2004-223 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 171 21 22 23 24 25 26 27 28 d) CONTRACTOR shall respond to abatement requests two (2) times daily. CONTRACTOR'S turnaround time for completion of abatement requests will be 24- hours from receipts of electronic report from the CITY. For purposes of this agreement, 24-hours is defined in terms of consecutive hours. e) CONTRACTOR shall provide a full time Project Curb Appeal crew to work on common areas around sidewalks and curbs on North, South, East and West main corridors. Streets will include but not be limited to: Mount Vernon, Medical Center, E Street, D Street, Mountain View, Arrowhead, Sierra, Waterman, Baaseline, Highland, Kendall, Del Rosa and 40`s Street between Electric and Waterman. This crew will remove weeds from the front (3) feet on all vacant lots, remove weeds and litter from the parkway, sidewalk, curbs and gutters. CONTRACTOR will provide the City with a maintenance schedule for each street. f) CONTRACTOR shall assign a full time crew to do weed abatement and trash pick-up of illegal dumping. This crew, along with the graffiti abatement crews will provide focused weed, litter, debris and graffiti removal in the special project areas of Delman Heights and Arden/Guthrie. They will provide service two full days in the Delman Heights area and two half days in Arden/Guthrie. g) CONTRACTOR shall act as abatement crew for Code Compliance boarding unsecured buildings, removing debris, weeds and litter from properties and removing overgrown vegetation and performing all abatement activities as assigned by Code Compliance. Contractor will be available to perform these duties on a regular or emergency evening or weekend basis 24 hours a day seven days a week. Also as part of this agreement Contractor will develop a Saturday crew to utilize community service workers to do community clean up. h) CONTRACTOR will continue to help the Economic Development Agency with their maintenance responsibilities on Agency owned properties, as needed. i) CONTRACTOR shall perform special services at the direction of the City Administrator or Executive Director of the Economic Development Agency. 2004-223 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 3. Over the term of this Agreement, CONTRACTOR shall be paid $588,000 for such services. As the length of this new contract is seven months, payments will be made monthly in amounts equal to 1/12 of the contract amount. 4. CONTRACTOR shall provide the Director of Code Compliance with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any par of an invoice. Financial records shall be maintained in accordance with generally accepted accounting principles by CONTRACTOR in such manner as to permit CITY to easily trace the expenditure of funds. All books and records of CONTRACTOR are to be kept open for inspection at any time during the business day by the CITY or its officers or agents. Failure to submit the financial records in accordance with this section will result in the CONTRACTOR reimbursing the CITY in the full amount received by CONTRACTOR 5. The term of this Agreement shall be from July 1, 2004 to June 30, 2005. It may be canceled by thirty days written notice by either party. The Mayor, or her designee, is authorized to extend this agreement for up to thirty (30) days and approve line item adjustments to the Agreement's program budget as long as any such extension is upon the same terms and conditions as specified herein. 6. By mutual agreement between the City of San Bernardino and CONTRACTOR this contract will replace all previous service contracts between the City of San Bernardino, the San Bernardino Economic Development Agency and said CONTRACTOR. CONTRACTOR shall indemnify, defend and hold CITY AND ECONOMIC DEVELOPMENT AGENCY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgement of expenses (including, without limitation, reasonable costs of defense) arising out of or related to CONTRACTOR'S performance of this agreement, except that such duty to indemnify, defend and hold harmless shall not apply 2004-223 2 3 4 5 11 12 13 14 15 16 17 21 where injury to person or property is caused by CITY'S OR ECONOMIC DEVELOPMENT AGENCY'S willful misconduct or sole negligence. 8. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $2,000,000.00, per occurrence combined single limit, naming the City of San Bernardino and Economic Development Agency as additional named insureds. CONTRACTOR shall also maintain statutory worker's compensation coverage, and shall file copies of said policies with the CITY'S Risk Manager prior to undertaking any work under this Agreement. City shall be given thirty (30) days written notice if the insurance is cancelled or substantially altered. 9. CONTRACTOR shall perform work tasks as directed by the Code Compliance Director but for all intents and purposes CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 10. In the performance of this Agreement and in the hiring and recruitment of the employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 11. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Services, postage prepaid and addressed as follows: TO THE CITY: Glenn Baude. Dir. of Code Compliance Code Compliance Department City of San Bernardino 201 "E" Street Suite 201 San Bernardino, CA 92418 TO THE CONTRACTOR: Los Padrinos P. 0. Box 479 San Bernardino, CA 92402 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 2004-223 1 2 3 4 5 12. CONTRACTOR agrees and understands that prior to commencing work under this Agreement, it shall first obtain a Business Registration Certificate from the City Clerk and shall keep such Certificate current during the term of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. �r -1%j,Q/AOC Date: — 8 9 Date: ')-k-0 10 11 ATTEST: 13 14 15 17 18 19 20 21 26 27 10 Rachel CI , CiIx Clerk yAas to forme &putt and legal content: James F. Penman, City A omey p By: