HomeMy WebLinkAbout2003-323
, .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2003-323
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A NEW SERVICES AGREEMENT WITH LOS
PADRINOS, YOUTH SERVICES INC. A NON-PROFIT ORGANIZATION,
AND RESCINDING RESOLUTION 2003-137.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. The Mayor ofthe City of San Bernardino is hereby authorized and
directed to execute, on behalf of said City, a new Services Agreernent with
LOS PADRINOS, me. a non-profit organization, a copy of which is attached
hereto and incorporated herein by this reference.
SECTION 2. The current Services Agreement authorized by Resolution
is hereby rescinded thereby terminating the existing Services Agreement.
SECTION 3. 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rescinded if the parties to the agreement fail to execute it within sixty (60) days of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.
III
III
11/
III
III
,',
;
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2003-323
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A NEW SERVICES AGREEMENT WITH LOS
PADRINOS, YOUTH SERVICES INC. A NON-PROFIT ORGANIZATION,
AND RESCINDING RESOLUTION 2003-137.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
j t.
Mayor and Common Council of the City of San Bernardino at a reg, meeting
thereof, held on the 1 s t day of December, 2003, by the following vote, to wit:
Council Members
ESTRADA
LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
AYES NAYS
X
X
X
-
X
X
X
X
ABSTAIN ABSENT
Q.~b.~
Racliet G. Clark, City Clerk
The foregoing resolution is hereby ap oved this kday of Dec. ,2003.
Approved as to form and
legal content:
James F. Penman
City A ey
By:
L~-
a_ es, Mayor
f San Bernardino
.
2003-323
1
2
3
4
5
6
7
SERVICES AGREEMENT
THE EFFECTIVE DATE OF THIS AGREEMENT is 1 st day
of Decembe~ 2003 between
Los Padrinos Youth Svcs'("CONTRACTOR') and the CITY OF SAN
BERNARDINO ("CITY").
WITNESSETH:
8 A. WHEREAS, CITY bas need for graffiti. weed. debris removal and abatement services within the
9 CITY and,
10 B. WHEREAS, CONTRACTOR is cornpetent, experienced and able to perform
11
12
13
14
15
16
17
18
19
20
21
22
23
24 b) Natural unpainted surfaces (i.e., brick walls, concrete curbs, sidewalks and
25 metal railings) will be waterblasted, whenever possible.
26 c) Over time, all structures (which previously have been spot painted) wilt be
27 recovered to conform to the primary color of the structure, or completely repainted.
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 Developrnent
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 abaternent program. In all instances, paint will be matched
on all surfuces to be abated. When paints cannot be matched, surfuces to be abated will be
completely repainted in a color which is aesthetically consistent with that of surrounding
structures.
28
2003-323
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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 frorn receipts of electronic report frorn the CITY. For purposes of this agreernent,
24-hours is defined in terms of consecutive hours.
e) CONTRACTOR shall provide a full time Project Curb Appeal crew to work on
comrnon 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
40th 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.
t) CONTRACTOR shall assign a full tirne 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 speciat project areas ofDetman
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 ahatement crew for Code Compliance boarding unsecured
buildings, removing debris, weeds and litter from properties and removing overgrown vegetation and
perfonning all abatement activitics as assigned by Code Cornpliance. 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 cornrnunity
service workers to do cornmunity clean up.
h) CONTRACTOR will continue to help the Econornic Developrnent Agency with
their maintenance rcsponsibilities 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.
.
2003-323
Over the term of this Agreernent, CONTRACTOR shall be paid $342,993 for
such services. As the length of this new contract is seven rnonths, payments will be made
rnonthly in amounts equal to 1/7 of the contract amount.
4, CONTRACTOR shall provide the Director of Code Cornpliance with a rnonthly
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 reirnbursing the CITY in the full amount received by CONTRACTOR.
5. The term of this Agreernent shall be from Decernber 1,2003 to June 30, 2004. It
. .
2003-323
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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
Agreernent, CONTRACTOR shall maintain in effect policies of comprehensive public,
general and autornobilc tiability insurance, in the amount of $2,000,000.00, per
occurrence combined single lirnit, naming the City of San Bernardino and Econornic
Developrnent 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 Cornpliance
Director but for all intents and purposes CONTRACTOR shall be an independcnt
contractor and not an agent or ernployee of the CITY.
10. In the performance of this Agreernent and in the hiring and recruitrnent 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 Agreernent 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. O. Box 479
San Bernardino, CA 92402
Nothing in this paragraph shall be construed to prevent the giving of notice by
personal service.
"
"
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2003-323
12. CONTRACTOR agrees and understands that prior to commencing work under
this Agreement, it shail first obtain a Business Reglstrahon Certificate from the City
Clerk and shall keep such Certificate current during the term of this Agreernent.
IN WITNESS WHEREOF, the parties hereto have executed this Agreernent on the day
and date first above shown.
Date:
By
Date: /J '3 -0 3
By
ATTEST:
Q~ I:;;.~~
Rac~Clark, City Clerk
Approved as to form
and legal content:
By: