HomeMy WebLinkAbout2003-137
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RESOLUTION NO. 2003-137
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A SERVICES AGREEMENT IN THE AMOUNT OF
$488,000 WITH LOS P ADRINOS, YOUTH SERVICES INC., A NON-
PROFIT ORGANIZATION, FOR FISCAL YEAR 2003-2004.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute, on behalf of said City, a 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of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.
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2003-137
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A SERVICES AGREEMENT IN THE AMOUNT OF
$488,000 WITH LOS P ADRINOS, YOUTH SERVICES INC., A NON-
PROFIT ORGANIZATION, FOR FISCAL YEAR 2003-2004.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
jt.
Mayor and Common Council of the City of San Bernardino at a reg. meeting
thereof, held on the 16th day of June ,2003, by the following vote, to wit:
Council Members
ESTRADA
AYES NAYS
x
x
~
x
x
x
x
ABSTAIN ABSENT
LIEN-LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
Qc~ kJ,~
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved 's \ %l.-day of June ,2003.
~~~
Susan Longville, Mayor Pr;; Tern
City of Sall Bernardino
Approved as to form and
legal content:
James F. Penman
City torney
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2003-137
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SERVICES AGREEMENT
THE EFFECTIVE DATE OF THIS AGREEMENT is 16th day
of June ,2003 between
Los padrinos, Inc.
("CONTRACTOR") and the CITY OF SAN
BERNARDINO ("CITY").
WITNESSETH:
A. WHEREAS, CITY has need for graffiti. weed and debris removal 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.
2003-137
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24-hours is defined in terms of consecutive hours.
CONTRACTOR shall perform special services at the direction of the City
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2003-137
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3. Over the term of this Agreement, CONTRACTOR shall be paid $488,000 for
such services. As the length of this contract is eleven months payments will be made
monthly in amounts equal to 1/12 ofthe 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 part 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, 2003 to June 30, 2004. 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.
7. 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
.'
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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
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.
15 9.
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CONTRACTOR shall perform work tasks as directed by the Code Compliance
Director but for all intents and purposes CONTRACTOR shall be an independent
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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 ofrace, creed, color,
religion, sex, physical handicap, ethnic background or country of origin.
22 11.
Any notice to be given pursuant to this Agreement shall be deposited with the
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United States Postal Services, postage prepaid and addressed as follows:
TO THE CITY:
Glenn Baude, Dir. of Code Comoliance
Code Compliance Department
City of San Bernardino
201 "E" Street Suite 201
San Bernardino, CA 92418
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2003-137
TO THE CONTRACTOR:
Los Padrinos
P. O. Box 479
San Bernardino, CA 92402
Nothing in this paragraph shall be construed to prevent the giving of notice by
personal service.
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.
Date tP-2~-C?
By ;;~7~~/ j.Vi
Bfnes,sCZ'. a ~e/. /7
~A 1!j/02 2Z6
B ~~<)~
/-1f:::J:;d~ J
Mayor Pro Tem '
Date: J""'f'';;: \ '\ -z <:::q3
ATTEST:
(1~~
R.acbel Clark, City Clerk
Approved as to form
and legal content:
James F. Penman,
22 City Attorney
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